 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Johnson v. Black Chronicle Inc.6/18/1998
COURT OF APPEALS OF OKLAHOMA, DIVISION NO. 4
Opinion Services
JOHNSON v. THE BLACK CHRONICLE INC.
___ P.2d ___
Decided: March 10, 1998
APPEAL FROM THE DISTRICT COURT OF OKLAHOMA COUNTY, OKLAHOMA
RELEASED FOR PUBLICATION BY ORDER OF THE COURT OF CIVIL APPEALS
Honorable James B. Blevins, Trial Judge
REVERSED AND REMANDED FOR FURTHER PROCEEDINGS
MEMORANDUM
Trial court plaintiff, Ronald Lee Johnson, appeals the trial court's grant of summary judgment in favor of defendants, The Black Chronicle, Inc., its owner, and named employees and agents (collectively referred to as The Newspaper), in this action for defamation, invasion of privacy, and intentional infliction of emotional distress.
I.
Johnson is an attorney and former executive director of the Oklahoma Human Rights Commission. A week after Johnson resigned his post with the Commission, The Newspaper published a front-page story in its August 11, 1994 edition, headlined, "Rights Agency Director Faces Rights Complaints; Resigns With Ultimatum." The story stated Johnson:
* had faced a sexual harassment complaint from an agency employee;
* had faced a racial discrimination complaint filed by a former member of the Commission;
* had narrowly escaped being fired two months previously by a four-to-three vote; and,
* was given "an ultimatum" shortly before he resigned.
The Newspaper's story also stated state senators were threatening to drastically cut the agency's budget unless "something was done" about Johnson. The story quoted several unnamed commissioners and "sources familiar with the inner workings of the commission." The Newspaper did not contact Johnson before the story was published. However, before publication, an assistant attorney general serving as liaison counsel for the Commission informed an alleged agent of The Newspaper that she knew of no complaints of sexual harassment filed against Johnson.
Johnson complained about the story and demanded a retraction. The Newspaper interviewed Johnson and published a follow-up story, detailing Johnson's denials of much of the original story but concluding with a paragraph asserting that all of its sources confirmed "each element of the Aug. 11 story when told that Mr. Johnson was denying the story's accuracy."
Johnson filed a petition asserting claims of defamation, invasion of privacy, and intentional infliction of emotional distress. Both sides filed motions for summary judgment, supported by affidavits. The trial court granted The Newspaper's motion for summary judgment. Johnson appeals.
II.
Summary judgment is appropriate where there is no substantial controversy as to any material fact and one party is entitled to judgment as a matter of law. Weeks v. Wedgewood Village, Inc., 1976 OK 72, 554 P.2d 780. All inferences and Conclusions to be drawn must be viewed in a light most favorable to the party opposing the motion, and the motion should be denied if the facts concerning any issue conflict or if reasonable persons, in the exercise of fair and impartial judgment, might reach different conclusions from the undisputed facts concerning any issue. Weaver v. Pryor Jeffersonian, 1977 OK 163, 569 P.2d 967.
III.
Johnson first asserts the trial court erred because The Newspaper failed to respond to his motion for summary judgment within 15 days, as required by Oklahoma District Court Rule 4(e), 12 O.S.1991, ch. 2, app. Citing Spirgis v. Circle K Stores, Inc., 1987 OK CIV APP 45
Page 1 2 3 4 Oklahoma Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|