Barry College v. Hull
| Decision Date | 06 December 1977 |
| Docket Number | Nos. 75-1464,76-1905,s. 75-1464 |
| Citation | 353 So.2d 575 |
| Parties | BARRY COLLEGE, a Florida Corporation, Appellant, v. Eugene HULL, Appellee. Eugene HULL, Appellant, v. BARRY COLLEGE, a Florida Corporation, Appellee. |
| Court | Florida District Court of Appeals |
Smathers & Thompson and Mercer K. Clarke, Miami, for Barry College.
William Huggett, Miami, for Eugene Hull.
Before HENDRY, C. J., and NATHAN and HUBBART, JJ.
Barry College, the defendant, appeals a final judgment entered pursuant to a jury verdict in favor of the plaintiff, Eugene Hull, in the amount of $63,107.93. Eugene Hull and his wife, Robina, plaintiffs in the trial court, appeal the trial court's orders granting two remittiturs in the amount of $21,000.00 and $10,000.00, respectively. The two appeals are consolidated.
This is an action in breach of contract and libel and slander by Eugene Hull against Barry College over the publication of an allegedly defamatory memorandum written by the president of Barry College in which it was asserted that Hull "tendered his resignation" from his position as vice president for business affairs.
Hull was hired by Barry College as director for business affairs, and later promoted to vice president for business affairs. He was employed by Barry College from July 1, 1970, until September 21, 1973. Hull was given two consecutive one year contracts from July 1, 1970, through June 30, 1972. Prior to the expiration of the last contract, he was granted a written two year contract from July 1, 1972, through June 30, 1974.
In mid-September, there occurred the last of several policy disagreements involving Hull and the administration. On September 21, 1973, the Board of Trustees of Barry College determined to accept Hull's "resignation" and directed the president to so inform Hull. Pursuant to that determination, a written notice was placed on the bulletin board of Barry College informing the Barry community as to Hull's change in status:
It was this notice that was subsequently alleged to be the libel committed by Barry College.
Hull was informed that he would receive his salary through the end of December, 1973. However, payment of salary was terminated when Hull commenced this lawsuit on November 8, 1973. The complaint alleged breach of contract and libel and slander, and contained a count for loss of consortium by Hull's wife. Hull contended (1) that his contract was wrongfully terminated in the middle of an academic year without warning or notice; (2) that he was fired and never resigned, and the firing in this abrupt manner effectively prevented him from getting a job in the academic world because it raised insurmountable implications that he had been fired for serious misconduct; (3) that Barry College's entire course of conduct in firing him without notice in mid-academic year and publishing a false memorandum constituted a defamation which was incompatible with the proper exercise of his profession.
The case proceeded to a jury trial, culminating in a verdict in favor of Hull against Barry College with respect to the claims for breach of contract and libel. The amount of the jury verdict was $63,107.93. The jury found against Mrs. Hull on her claim for loss of consortium.
Barry College challenged the verdict by post-trial motions seeking a remittitur and/or a new trial. The trial court denied the motion for new trial but entered a remittitur of $21,000.00. As a result, Hull was awarded a judgment in the amount of $42,107.93.
Barry College subsequently filed a motion for relief from judgment on the grounds that Hull had committed perjury at trial and had otherwise misrepresented his employment status after leaving Barry College. While that motion was pending, Barry College filed a notice of appeal, and then requested that this court stay the appeal and relinquish jurisdiction to the trial court for the purpose of resolving the perjury question. After several stays of the appeal, the trial court ordered, as a result of the perjury charge, that Hull accept a further remittitur or he would grant a new trial on the issue of damages only. Hull declined to accept this remittitur and appealed the order. By order of November 8, 1976, this court resumed jurisdiction of the appeal.
Barry College contends that the trial court erred in failing to grant a directed verdict on Hull's claim for libel. Hull claims that the notice published on the bulletin board of Barry College constituted libel per se as it stated that he had resigned when, in fact, he had been fired. The trial judge considered the publication to be libel per se.
Generally, a publication is libelous per se if, when considered alone without innuendo, it tends to subject one to hatred, distrust, ridicule, contempt or disgrace, or tends to injure one in his trade or profession, Adams v. News-Journal Corporation, 84 So.2d 549, 551 (Fla.1955), or if it imputes to another conduct, characteristics, or a condition incompatible with the proper exercise of his lawful business, trade, profession or office. Miami Herald Publishing Co. v. Brautigam, 127 So.2d 718, 722 (Fla.3d DCA 1961). Words which amount to libel per se import damages and malice and are actionable in and of themselves without allegations or proof of special damages. See Campbell v. Jacksonville Kennel Club, 66 So.2d 495, 497 (Fla.1953). With written words which are actionable per se, their libelous and injurious character is a matter of common knowledge, and the court can take judicial notice thereof. Such words necessarily import damage. Therefore, in such cases, general damages need not be pleaded or proved, and special damages need not be shown...
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