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Busby v. Groves Homeowners Association9/5/2000
ires the plaintiff to establish that the alleged statements were made, that they were communicated to someone other than herself, that they were false, and that, as a result, her reputation was harmed. Bersch v. Rgnonti & Assocs., Inc., 584 N.W.2d 783, 788 (Minn. App. 1998) (quoting Ferrel v. Cross, 557 N.W.2d 560, 565 (Minn. 1997)), review denied (Minn. Dec. 15, 1998).
Because she presented evidence that Loiacono never signed a formal written resignation, which was required under the association's bylaws, appellant contends respondent bears the burden of proving Loiacono was not a member of the association's Board of Directors at the time the statements were made. We disagree.
Appellant has the affirmative duty of showing Loiacono made the statements while she was a member of the board. See Foley v. WCCO Television, Inc., 449 N.W.2d 497, 500 (Minn. App. 1989) (explaining that the plaintiff bears the burden of proving each element in a defamation claim), review denied (Minn. Feb. 9, 1990). Appellant did not present evidence showing Loiacono was a board member on June 30, 1997, the date of the alleged defamatory statements. Therefore, the district court did not err in concluding no genuine issue of material fact existed and granting summary judgment in favor of respondent on appellant's defamation claim.
Affirmed.
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