Brantley v. Zantop Intern. Airlines, Inc.
Decision Date | 26 September 1985 |
Docket Number | Civ. A. No. 85CV-60070-AA. |
Citation | 617 F. Supp. 1032 |
Parties | Rubin H. BRANTLEY, Plaintiff, v. ZANTOP INTERNATIONAL AIRLINES, INC., Defendant. |
Court | U.S. District Court — Western District of Michigan |
Rubin H. Brantley, pro se.
Robert M. Vercruysse and Daniel B. Tukel, Butzel, Long, Gust, Klein & Van Zile, Detroit, Mich., for defendant.
This is an employment discrimination case brought by plaintiff Rubin Brantley against Zantop International Airlines, his former employer. The second amended complaint states that plaintiff was hired by Zantop in September, 1979, and promoted to the position of flight engineer trainee in April, 1983. Plaintiff's problems with Zantop allegedly began with a performance evaluation report prepared by three Zantop employees named Weir, Cole and Tucker. The report stated that plaintiff reported for work under the influence of alcohol, and called him "unreliable." Weir and Tucker showed the report to Harold Zantop, vice president in charge of personnel at Zantop, on or around March 9, 1984. On March 13, 1984, plaintiff was demoted, and on March 22, 1984, plaintiff's employment was terminated. Plaintiff strenuously denies that he was ever drunk or unreliable at work, and claims that he was the victim of racial discrimination.
The case comes before the court on defendant's motion to dismiss Count IV of the complaint. Count IV alleges that the report prepared by Weir, Cole and Tucker libeled plaintiff. It demands judgment against defendant "in the amount of $750,000.00 including exemplary damages and punitive damages in the amount of $1,500,000.00."
Defendant first urges this court to dismiss Count IV for failure to state a claim of libel. Defendant contends that plaintiff has failed to allege the requisite element of publication. It relies on the law of such states as Alabama and Oklahoma for the proposition that communication of libel among agents of a single corporation does not constitute publication of that libel. See, e.g., United States Steel Corp. v. Darby, 516 F.2d 961, 963-64 (5th Cir.1975) ( Alabama law); M.F. Patterson Dental Supply Co. v. Wadley, 401 F.2d 167, 171 (10th Cir.1968) ( Oklahoma law).
The Supreme Court of Michigan, however, has clearly held that intra-corporate communication can constitute the publication of libel. In Bacon v. Michigan Cent. R.R. Co., 55 Mich. 224, 21 N.W. 324 (1884), plaintiff sued his former employer for libel. The railroad had included plaintiff on its list of discharged employees, and indicated that plaintiff had been discharged for stealing. The railroad then sent the list to its twenty-nine department heads located in Michigan, Indiana and Illinois. The Michigan Supreme Court stated:
55 Mich. at 228-29. See also Sias v. General Motors Corp., 372 Mich. 542, 548, 127 N.W.2d 357 (1964) ( ); Ball v. White, 3 Mich.App. 579, 584, 143 N.W.2d 188 (1966) ( ).
The foregoing discussion reveals that Michigan law considers intra-corporate communication of libel to be publication of that libel. Therefore, defendant's motion to dismiss Count IV for failure to state a claim must be denied.
Defendant next urges this court to dismiss plaintiff's request for punitive damages in Count IV, arguing that Michigan law does not permit an award of such damages. The relevant provisions are found in the Michigan libel statute, Mich.Comp. Laws Ann. § 600.2911(2) (West 1968):
At the oral hearing on defendant's motion, plaintiff claimed that § 600.2911(2)(b) entitles him to punitive damages, because he demanded a retraction of the alleged libel before instituting the present lawsuit. Defendant admits, for purposes of its motion, that it received a letter from plaintiff demanding the retraction. However, defendant denies that plaintiff's demand entitles him to punitive damages.
Defendant cites a recent Michigan Supreme Court opinion interpreting the "exemplary and punitive damage" language of § 600.2911(2). In Peisner v. Detroit Free Press, Inc., the court stated:
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