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Hamilton v. Hammons8/23/2001
tegrity or capacity, whether mental or pecuniary, in the conduct of a profession, trade or business." W.T Farley, Inc. v. Bufkin, 159 Miss. 350, 132 So. 86, 87 (1931). Since Hamilton's words constituted slander per se, no proof of special damages is required.
. The majority sets forth the elements of a defamation cause of action as follows:
(1) a false and defamatory statement concerning the plaintiff;
(2) unprivileged publication to a third party;
(3) fault amounting at least to negligence on part of the publisher;
(4) and either actionability of statement irrespective of special harm or existence of special harm caused by publication. Franklin v. Thompson, 722 So.2d 688, 692 (Miss. 1998) (citations omitted).
. All four elements are met in this case. Hamilton made defamatory statements about the plaintiffs when he stated to Pat Brown, the editor and publisher of the newspaper, and to Hailey, that the five men were responsible for the shooting at his house. Hamilton also made an unprivileged publication to a third party with his telephone call to the newspaper explaining the reason for placing his reward ad and in telling his story to Hailey. Hailey testified that he did not confirm whether or not a lawsuit had been filed, and this shows the fault on the part of the publisher, the newspaper. Finally, the statement is actionable regardless of whether special harm is shown.
. A defamatory statement is " ny written or printed language which tends to injure one's reputation, and thereby expose him to public hatred, contempt or ridicule, degrade him in society, lessen him in public esteem or lower him in the confidence of the community." Franklin, 722 So. 2d at 692 (citing Fulton v. Mississippi Publishers Corp., 498 So.2d 1215, 1217 (Miss.1986) (quoting Ferguson v. Watkins, 448 So.2d 271, 275 (Miss.1984)). "The statement must have clearly been directed toward the plaintiff, and `the defamation must be clear and unmistakable from the words themselves and not be the product of innuendo, speculation, or conjecture.'" Franklin, 722 So. 2d at 692 (citing Ferguson, 448 So.2d at 275). I also agree when the majority states that, "a defamatory statement, even if phrased as an opinion, is not constitutionally protected if the court finds that its `substance or gist could reasonably be interpreted as declaring or implying an assertion of fact.'" Roussel v. Robbins, 688 So. 2d 714, 723 (Miss. 1996) (citing Keohane v. Wilkerson, 859 P.2d 291, 297 (Colo. Ct. App. 1993), aff'd sub nom. Keohane v. Stewart, 882 P.2d 1293 (Colo. 1994)). From Hamilton's statements to Brown and Hailey, it is clear that Hamilton implied that the five plaintiffs had reason and motive to commit the shooting incident that occurred at his house. Hamilton clearly made defamatory statements regarding the five plaintiffs, and the judgment entered on the jury verdict should be affirmed. Hamilton had a right to report the incident and any possible motives to Deputy Neely, but he went too far when he enlightened the media as to his suspicions. Hamilton's words to Hailey were slander, and these words were also libel when Hailey printed them in articles which ran in two local newspapers. For these reasons, I would affirm the trial court in this case; and therefore, I dissent.
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