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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

  2. ?????????? ???? ?????? ??? ?????? ???????! ??????? ??? ??? ?? ???????? ???? ?????? ????????? ??? ??????? ????? ??????? ? ????? ?? ??????, ?? ???????, ?? ???????, ?? ??????, ?? ???? ? ?? ????? ??????? ??? ????? ??????. ???? ???????? ????????????? ??? ??????? ?????? - ??? ?? ????? ?????? ????????. ???????? ????? ????? ???????, ?????????? ????????? ????????, ????????? >>>> ?????? ????? http://xurl.es/PR0DAWEZ

  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

ADVERTISEMENT