§18.5 Defamatory Statement

1.    Safro v. Kennedy,  2007 WL 1215052 (Tenn. Ct. App. April 25, 2007).

The Court's Summary:

"Plaintiff Bella I. Safro brought this action alleging malicious harassment and defamation against James E. Kennedy, a Food City security guard, and Mr. Kennedy’s employer. In granting the Defendants’ motion for summary judgment, the trial court held: (1) that the undisputed facts established that Mr. Kennedy did not unlawfully intimidate Ms. Safro from the exercise or enjoyment of a constitutional right by injuring or threatening to injure her, and therefore her malicious harassment claim must be dismissed; and (2) that Ms. Safro failed to establish that Mr. Kennedy’s slanderous statements were published to a third person, and therefore her defamation claim must be dismissed. We affirm the trial court’s dismissal of the malicious harassment claim, but find there are genuine issues of material fact as to whether Mr. Kennedy’s defamatory remarks were published to a third person and as to whether Ms. Safro incurred injury resulting from Mr. Kennedy’s statements. We vacate the trial court’s dismissal of the defamation claim and remand for a jury trial on this issue."  View opinion.