660 P.2d 517 (Colo.App. 1983), 82CA0723, Dorr v. C.B. Johnson, Inc.

Docket Nº82CA0723.
Citation660 P.2d 517
Opinion JudgeVAN CISE, Judge.
Party NameThomas E. DORR and Carol Ann Dorr, Plaintiffs-Appellants, v. C.B. JOHNSON, INC., a Colorado corporation, and Ralph Walters, Defendants-Appellees.
AttorneyMichael M. Dutcher, Ouray, for plaintiffs-appellants., Jones, Meiklejohn, Kehl & Lyons, David E. Driggers, Denver, for defendants-appellees., VAN CISE, Judge., This is a tort action arising out of an accident in May 1978 in which plaintiff Thomas E. Dorr (employee) received injuries while driving...
Judge PanelKELLY and KIRSHBAUM, JJ., concur.
Case DateFebruary 03, 1983
CourtCourt of Appeals of Colorado, Third Division

Page 517

660 P.2d 517 (Colo.App. 1983)

Thomas E. DORR and Carol Ann Dorr, Plaintiffs-Appellants,

v.

C.B. JOHNSON, INC., a Colorado corporation, and Ralph Walters, Defendants-Appellees.

No. 82CA0723.

Court of Appeals of Colorado, Third Division

February 3, 1983

Page 519

Michael M. Dutcher, Ouray, for plaintiffs-appellants.

Jones, Meiklejohn, Kehl & Lyons, David E. Driggers, Denver, for defendants-appellees.

VAN CISE, Judge.

This is a tort action arising out of an accident in May 1978 in which plaintiff Thomas E. Dorr (employee) received injuries while driving a truck in the course of his employment with defendant C.B. Johnson, Inc. (employer). Plaintiff Carol Ann Dorr is employee's wife. Defendant Ralph Walters is the manager of employer.

In their complaint filed in May 1979, the Dorrs pled three claims: (1) conversion of employee's personal property left in the truck after the accident, (2) libel and slander for remarks made by defendant in the report filed with the Department of Labor and Employment (Department) in the course of employee's claim for workmen's compensation and for republishing some of the statements to third persons, and (3) outrageous conduct for defendants' actions at the time of and following the accident. Defendants denied most of plaintiffs' allegations, and pled affirmative defenses of privilege, truth, laches, and failure to state a claim. They counterclaimed for their consequential damages arising from employee's negligence.

Following a pretrial conference and the submission of briefs by both sides, the trial court, based on the pleadings, dismissed the libel and slander and outrageous conduct claims. It also entered a C.R.C.P. 54(b) order making the dismissal of those claims a final judgment for purposes of appeal even though plaintiffs' conversion claim and defendants' counterclaim are still pending.

Plaintiffs appeal. We affirm in part and reverse in part.

  1. LIBEL AND SLANDER

    None of the statements claimed to have been made by defendants were defamatory of or concerning plaintiff Carol Ann Dorr. Therefore, the dismissal of these claims as to her was proper. Lininger v. Knight, 123 Colo. 213, 226 P.2d 809 (1951); Inter-State Detective Bureau, Inc. v. Denver Post, Inc., 29 Colo.App. 313, 484 P.2d 131 (1971).

    The employee admitted, and we agree, that the statements concerning him contained in the report required to be filed with the Department pursuant to the Workmen's Compensation Act were absolutely privileged communications. See Lininger v. Knight, supra; MacLarty v. Whiteford, 30 Colo.App. 378, 496 P.2d 1071 (1972). However, he contends that the privilege does not extend to defamatory statements concerning him published by defendants to third persons not involved in the...

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  • 859 P.2d 291 (Colo.App. 1993), 91CA1840, Keohane v. Wilkerson
    • United States
    • Colorado Court of Appeals of Colorado First Division
    • April 8, 1993
    ...profession or office; or unchastity of a woman. See Cinquanta v. Burdett, 154 Colo. 37, 388 P.2d 779 (1963); Dorr v. C.B. Johnson, Inc., 660 P.2d 517 (Colo.App.1983). Defamation per se has been narrowly construed, and recently this court has noted that per se classifications and presumed da......
  • 760 F.Supp. 1394 (D.Colo. 1991), Civ. A. 85-S-2599, Harrison v. Luse
    • United States
    • Federal Cases United States District Courts 10th Circuit District of Colorado
    • March 29, 1991
    ...Worker's Compensation claim, such conduct was held not to be so extreme or outrageous as to permit recovery. Dorr v. C.B. Johnson, Inc., 660 P.2d 517, 521 (Colo.App.1983). False advertising as to sales and profit history of a business on which plaintiff relied in purchasing the business was......
  • 724 P.2d 1379 (Colo.App. 1986), 84CA0239, Pittman v. Larson Distributing Co.
    • United States
    • Colorado Court of Appeals of Colorado First Division
    • June 12, 1986
    ...him in his trade or business. Bernstein v. Dun & Bradstreet, Inc., 149 Colo. 150, 368 P.2d 780 (1962); Dorr v. C.B. Johnson, Inc., 660 P.2d 517 (Colo.App.1983). In an action by a private person plaintiff involving a statement which is not a matter of public interest or general concern, ......
  • 725 P.2d 38 (Colo.App. 1986), 84CA0865, Churchey v. Adolph Coors Co.
    • United States
    • Colorado Court of Appeals of Colorado First Division
    • April 3, 1986
    ...utterly intolerable in a civilized community." Rugg v. McCarty, 173 Colo. 170, 476 P.2d 753 (1970); see Dorr v. C.B. Johnson, Inc., 660 P.2d 517 (Colo.App.1983); Trimble v. City & County of Denver, 645 P.2d 279 (Colo.App.1981), modified, 697 P.2d 716 (Colo.1985). Thus, because ther......
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10 cases
  • 859 P.2d 291 (Colo.App. 1993), 91CA1840, Keohane v. Wilkerson
    • United States
    • Colorado Court of Appeals of Colorado First Division
    • April 8, 1993
    ...profession or office; or unchastity of a woman. See Cinquanta v. Burdett, 154 Colo. 37, 388 P.2d 779 (1963); Dorr v. C.B. Johnson, Inc., 660 P.2d 517 (Colo.App.1983). Defamation per se has been narrowly construed, and recently this court has noted that per se classifications and presumed da......
  • 760 F.Supp. 1394 (D.Colo. 1991), Civ. A. 85-S-2599, Harrison v. Luse
    • United States
    • Federal Cases United States District Courts 10th Circuit District of Colorado
    • March 29, 1991
    ...Worker's Compensation claim, such conduct was held not to be so extreme or outrageous as to permit recovery. Dorr v. C.B. Johnson, Inc., 660 P.2d 517, 521 (Colo.App.1983). False advertising as to sales and profit history of a business on which plaintiff relied in purchasing the business was......
  • 724 P.2d 1379 (Colo.App. 1986), 84CA0239, Pittman v. Larson Distributing Co.
    • United States
    • Colorado Court of Appeals of Colorado First Division
    • June 12, 1986
    ...him in his trade or business. Bernstein v. Dun & Bradstreet, Inc., 149 Colo. 150, 368 P.2d 780 (1962); Dorr v. C.B. Johnson, Inc., 660 P.2d 517 (Colo.App.1983). In an action by a private person plaintiff involving a statement which is not a matter of public interest or general concern, ......
  • 725 P.2d 38 (Colo.App. 1986), 84CA0865, Churchey v. Adolph Coors Co.
    • United States
    • Colorado Court of Appeals of Colorado First Division
    • April 3, 1986
    ...utterly intolerable in a civilized community." Rugg v. McCarty, 173 Colo. 170, 476 P.2d 753 (1970); see Dorr v. C.B. Johnson, Inc., 660 P.2d 517 (Colo.App.1983); Trimble v. City & County of Denver, 645 P.2d 279 (Colo.App.1981), modified, 697 P.2d 716 (Colo.1985). Thus, because ther......
  • Request a trial to view additional results