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Garcia v. Allen6/8/2000
ry judgment in favor of defendants on his defamation claims. Specifically, Garcia alleges that his two supervisors, Garcia and Allen, made defamatory statements about him that he could not do his job with restrictions on his climbing, kneeling, and squatting, when they actually knew that to be false. Garcia alleges that he had identical job restrictions prior to the surgery, and that his supervisors were aware of this when they said he could no longer perform his job. Garcia also alleges that those statements were made with malice.
Defendants Allen and Garcia admit to making the statements, but counter that the statements were true. Because we find that Celanese has conclusively established the affirmative defense of truth, we affirm the trial court's ruling.
Truth is a complete defense to defamation. Randall's Food Mkts., Inc. v. Johnson, 891 S.W.2d 640, 646 (Tex. 1995). Because it is an affirmative defense, the defendant bears the burden of establishing that the alleged defamatory statements were true. Knox v. Taylor, 992 S.W.2d 40, 54 (Tex. App.-Houston [14th Dist.] 1999, no pet.); see Tex. R. Civ. P. 166a(c); Rhone-Poulenc, Inc. v. Steel, 997 S.W.2d 217, 223 (Tex. 1999). A showing of substantial truth at a summary judgment hearing will defeat a defamation claim. McIlvain v. Jacobs, 794 S.W.2d 14, 15 (Tex. 1990). We hold that Celanese met its burden.
Celanese attached to its summary judgment motion the affidavits of Allen and Garcia, Roel Garcia's supervisors. Allen's affidavit stated:
Roel Garcia went out on a medical leave of absence sometime in April 1997 and it is my understanding that he had knee surgery in May 1997. Sometime in June-July 1997, I became aware that Roel's doctor had placed permanent restrictions on him. He was not supposed to kneel, squat or climb. I was asked by Curtis Blackburn, Section Leader in Human Resources, whether I thought Roel, with these restrictions, could perform all of the essential job duties of a Process Analyzer Mechanic. I consulted with Hector Garcia and we discussed Roel's restrictions and the essential job requirements of the position. We were in agreement. In our opinion, Roel, with his restrictions, could not perform all of the essential job duties required of a Process Analyzer Mechanic. That was my honest opinion then, and it is still my honest opinion today. Essential job duties of the position require a person to squat, kneel and climb. I conveyed our opinion (mine and Hector's) to Curtis Blackburn.
Garcia's affidavit concurred.
Also attached as summary judgment evidence was a letter dated July 2, 1997, from Dr. William E. Swan Jr., who treated Roel Garcia. It stated:
Mr. Garcia has been under my care for significant problems with his left knee. This patient has had a patellectomy of the left knee. He has had a medial meniscectomy and he has severe chondromalacia of the distal end of the femur secondary to the severe chondromalacia of the patella which had actually led to the patellectormy.
At the present time this patient has severe pain and this pain in a knee without a patella precludes him from squatting or kneeling, from climbing and from squatting and crawling. This will be a permanent restriction.
I anticipate that this young man will probably require a total knee replacement some time between the ages of 45 and 50. I am not in favor of performing a total knee replacement on someone as young as he is due to the fact that these knee replacements do not last forever.
Again, at this point again (sic) I anticipate that these limitations are permanent. If you have any further question, feel free to contact me.
Cela
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