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Batson v. Shiflett3/12/1992
leader who voluntarily entered an arena of public controversy and exchanged charges and countercharges with petitioners. See Pemberton v. Bethlehem Steel Corp., 66 Md. App. 133, 160-61, 502
A.2d 1101, 1115, cert. denied, 306 Md. 289, 508 A.2d 488, cert. denied, 479 U.S. 984, 107 S.Ct. 571, 93 L.Ed.2d 575 (1986). He acknowledged that labor union struggles are often "vicious." In fact, he made the first accusations in a flyer claiming that Batson was "either lying now . . . or he lied under oath when he testified at the National Labor Relations Board." Petitioners' conduct was hardly "extreme and outrageous" in this context. The circulation of the union propaganda involved here pales in comparison to the outrageous acts in Figueiredo-Torres, B.N., and Young. Making even false statements concerning internal union matters to union members simply is not "utterly intolerable in a civilized society."
We also reject Shiflett's argument that Batson's alleged superior power and authority over Shiflett is enough to satisfy the "outrageous conduct" requirement. Shiflett bases his imbalance of power argument on the fact that Batson "had access to the employer; he could send flyers directly to the members' homes; he could call 'special meetings' of the local membership and have their captive attention." But both Shiflett and Batson had access to the employer, both could send flyers or call meetings of the membership, and both were elected union presidents with access to a printing press. The judgment for intentional infliction of emotional distress must be reversed.
VI.
The jury returned a general verdict on the issue of damages. The jury awarded Shiflett $610,000 in compensatory damages against Batson and National Union, $70,000 in punitive damages against Batson, and $50,000 in punitive damages against the National Union. It did not apportion the damages between the petitioners' liability for defamation and intentional infliction of emotional distress. This Court cannot possibly determine what part of the damage award the jury attributed to the defamation and what portion was improperly awarded for intentional infliction of emotional distress. Cf. Pantazes v. Pantazes, 77 Md. App. 712, 726, 551 A.2d 916, 923, cert. denied
, 315 Md. 692, 556 A.2d 673 (1989). Consequently, the award of damages must also be vacated, and a new trial ordered on the sole issue of compensatory and punitive damages for the defamation.
JUDGMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED IN PART AND REVERSED IN PART; CASE REMANDED TO THAT COURT WITH INSTRUCTIONS TO REVERSE THE JUDGMENT FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, TO VACATE THE JUDGMENT FOR COMPENSATORY AND PUNITIVE DAMAGES, AND TO REMAND THE CASE TO THE CIRCUIT COURT FOR BALTIMORE COUNTY FOR A NEW TRIAL ON THE ISSUES OF COMPENSATORY AND PUNITIVE DAMAGES FOR DEFAMATION. COSTS TO BE PAID, TWO-THIRDS BY PETITIONERS AND ONE-THIRD BY RESPONDENT.
Disposition
JUDGMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED IN PART AND REVERSED IN PART; CASE REMANDED TO THAT COURT WITH INSTRUCTIONS TO REVERSE THE JUDGMENT FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, TO VACATE THE JUDGMENT FOR COMPENSATORY AND PUNITIVE DAMAGES, AND TO REMAND THE CASE TO THE CIRCUIT COURT FOR BALTIMORE COUNTY FOR A NEW TRIAL ON THE ISSUES OF COMPENSATORY AND PUNITIVE DAMAGES FOR DEFAMATION. COSTS TO BE PAID, TWO-THIRDS BY PETITIONERS AND ONE-THIRD BY RESPONDENT.
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