ILNews

Justices: statements fall within qualified privilege

Back to TopE-mailPrintBookmark and Share

The Indiana Supreme Court affirmed summary judgment in favor of a company and its employee in a defamation suit because qualified privilege precludes the defamation action.

Christine Dugan sued Mittal Steel and supervisor Jay Komorowski for defamation per se and intentional infliction of emotional distress after she was fired and later re-instated following a theft investigation at the company. She claimed Komorowski’s statements – paragraphs 6 and 7 in her complaint – support that he committed defamation per se. In paragraph 6, Dugan said Komorowski told the chief of security at the company that Dugan was stealing time and attempting to defraud the company. He also accused her of stealing an air compressor. In paragraph 7, she claimed that Komorowski told employees that Dugan was working on a core exchange (theft) of welding machines with her boss.

The word “theft” was added to give context to the statement, the court noted.

In Christine Dugan v. Mittal Steel USA, et al., No. 45S05-1002-CV-121, the high court upheld the grant of summary judgment in favor of Mittal Steel and Komorowski. The justices agreed with the trial court that paragraph 6 constituted defamation per se and paragraph 7 did not. Paragraph 6 imputed criminal conduct or occupational misconduct; paragraph 7 implied it through the use of the word “theft,” but the actual words used by Komorowski don’t support a finding of defamation per se.

Even though paragraph 6 constitutes defamation per se, the Supreme Court also affirmed that the statements at issue were protected by qualified privilege. Komorowski went to the chief of security to express concerns about suspicious disappearances of company equipment. Komorowski had become concerned after seeing equipment disappear for a number of years.

“It is unreasonable and contrary to sound policy for the common interest qualified privilege for intracompany communications about theft of company property to apply only for statements made on personal knowledge and to exclude the reporting of information received from others,” wrote Justice Brent Dickson. “The designated evidence here clearly establishes that Komorowski's statements were based on an accumulation of several years of careful personal observations and gathering of information from others with first-hand knowledge and that his resulting concerns and opinions were expressed to the security chief in good faith.”
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

ADVERTISEMENT