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Cole v. Chandler5/26/2000
ce performing his functions as controller and head of the financial department. As a result of these interviews, the human resources person at Mead met with Cole in Cole's office, explained the concerns raised by the investigation, including the specific allegations, and placed Cole on suspension pending further investigation. After further investigation, while Cole was at home on suspension, Mead terminated Cole by phone. Thus, the alleged slander and the damage would necessarily have occurred at the place of employment while he was still in the performance of his duties before he was suspended. Therefore, his personal injuries, if any, arose out of and in the course of his employment and are precluded by the exclusivity provision of the Workers' Compensation Act.
B. Remaining Claims
Notwithstanding that Cole's claim for invasion of privacy is not precluded by the exclusivity provision to the extent of any economic damages incurred, it fails nonetheless. The claim is based on publicity which places the plaintiff in a false light in the public eye. See Estate of Berthiaume v. Pratt, 365 A.2d 792, 795 (Me. 1976). Cole alleges in his complaint that Chandler's and Buckley's statements put him in a false light with Mead, other potential employers, and the general public. Liability for publicity placing a person in a false light is defined as follows:
One who gives publicity to a matter concerning another that places the other before the public in a false light is subject to liability to the other for invasion of his privacy, if (a) the false light in which the other was placed would be highly offensive to a reasonable person, and (b) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.
Restatement (Second) of Torts § 652E (1977). Publicity is defined as follows:
"Publicity," as it is used in this Section, differs from "publication," as that term is used in § 577 in connection with liability for defamation. "Publication," in that sense, is a word of art, which includes any communication by the defendant to a third person. "Publicity," on the other hand, means that the matter is made public, by communicating it to the public at large, or to so many persons that the matter must be regarded as substantially certain to become one of public knowledge. Restatement (Second) of Torts § 652D cmt. a (1977).
Cole failed to generate any genuine issue through his statement of material facts that either Chandler or Buckley communicated their comments to the public or to so many persons that it would be certain to become public knowledge. Therefore, his claims for invasion of privacy against both Chandler and Buckley fail.
Moreover, to the extent that the claims of defamation and interference with economic relations include economic injuries, Chandler is entitled to a conditional privilege similar to Mead Corporation. See Gautschi v. Maisel, 565 A.2d 1009 (Me. 1989). Because Cole conceded that the statements made by Chandler were substantially true, he failed to demonstrate that Chandler acted with any malice and accordingly failed to demonstrate that she abused her privilege. As to Buckley, however, because Cole denied making the statements attributed to him, he produced evidence for purposes of summary judgment that she knew her statements to be false. Thus, we find for purposes of summary judgment that Cole raised a genuine issue of material fact that Buckley abused her conditional privilege. For the same reasons, we find that he raised a genuine issue of material fact for purposes of summary judgment as to his claims for defamation and
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