Guntheroth v. Rodaway
| Decision Date | 06 November 1986 |
| Docket Number | No. 52571-4,52571-4 |
| Citation | 107 Wn.2d 170,727 P.2d 982 |
| Parties | Warren G. GUNTHEROTH, M.D., and Ethel Guntheroth, his wife, Appellants, v. Keith A. RODAWAY, M.D., and Jane Doe Rodaway, his wife, Respondents. |
| Court | Washington Supreme Court |
MacDonald, Hoague & Bayless, Kenneth MacDonald, Seattle, for appellants.
Williams, Kastner & Gibbs, Douglas Hofmann, Seattle, for respondents.
Warren Guntheroth, M.D., brought this defamation action against Keith Rodaway, M.D. The trial court granted Rodaway's motion for summary judgment of dismissal. We affirm.
Rodaway is a pediatrician in private practice. He is also on the staff of Children's Orthopedic Hospital (COH) and is a clinical associate professor at the University of Washington Medical School. Guntheroth is a professor of pediatrics and head of the division of pediatric cardiology at the University of Washington Medical School who practices medicine at University Hospital.
During the time period relevant to this case, COH and the Department of Pediatrics at University Hospital operated under an affiliation agreement. Sometime in the mid-1970's, the circumstances of this affiliation changed. Until this time, COH and University Hospital had each operated general inpatient services in pediatrics. The change involved closing the inpatient pediatric service at University Hospital, except for neonatal intensive care units. Inpatient pediatric services were placed in COH and the University faculty cared for patients there.
Guntheroth was opposed to the closure of the inpatient service at University Hospital and the placement of the service at COH. He expressed this opposition in a number of written statements, including a December 1976 letter to the Board of Trustees of COH, with copies to the University of Washington Board of Regents. He also wrote an editorial in the American Heart Journal criticizing the general concept of segregating pediatric hospitals from the mainstream of medical practice. Sometime in 1979, Guntheroth withdrew from the staff at COH, ceasing to see patients there. Guntheroth's name was not on lists of COH medical staff for July 1, 1979 to June 30, 1981.
This action involves a letter dated August 11, 1980, which Rodaway wrote to the Credentials Committee of COH among others. The letter related to a meeting between Guntheroth and one of Rodaway's patients, Elaine Engebo. Born in 1960, Elaine had been a patient of Dr At the beginning of July 1979, an emergency room physician in Federal Way diagnosed Elaine as having sick sinus syndrome. Later that month, a pacemaker was implanted in Elaine by a cardiovascular surgeon at COH. After the pacemaker was implanted, Elaine had slight dizzy episodes. However, her physical condition generally improved.
Rodaway since 1966. In 1976, she began to experience blackouts, weakness, lethargy and falls resulting from blackouts. Rodaway referred her to COH for a cardiac consultation by the chief pediatric cardiologist. For the next 2 years, she was treated intermittently by that cardiologist and his associate. At some point, Elaine was monitored on equipment which showed that her heart rate had dropped to 20 beats per minute
On October 1, 1979, Elaine went to University Hospital for additional consultation with Dr. Kawabori, a pediatric cardiologist who practiced there and at COH. She was unable to find Kawabori and hospital personnel sent her to an examining room. An intern came in and discussed with Elaine the history of her heart problems and her negative feelings toward doctors. She was upset and angry over being there and having to answer questions. After 20 to 30 minutes, the intern left. He returned a few minutes later with Dr. Guntheroth. Kawabori had previously told Guntheroth that he might be late for the appointment and had given him documents and notes about Elaine. This was the first time Elaine had seen Guntheroth.
According to Elaine's testimony, the meeting with Guntheroth included the following events. Elaine told him she had slight lightheadedness, but nothing compared to what it had been. She and Guntheroth then discussed the pacemaker. Elaine testified:
I was led to believe that I shouldn't have had it.... He said that having had put that in is actually lessening my muscle. It was making it weaker. It was actually doing more damage than it was doing good and I should have it removed.
Elaine's deposition also contains the following testimony:
Elaine testified that after the meeting, She went home and told her mother what had happened at the meeting and her reaction to it. According to Mrs. Engebo, Elaine was crying, very angry and upset. During her deposition, Elaine was asked if the incident with Guntheroth was part of the reason she later went to a psychiatrist. She responded that was "half" of the reason.
On the same day of his meeting with Elaine, Guntheroth wrote Rodaway a letter about the meeting describing his findings. During his deposition, Guntheroth testified that at the meeting with Elaine, he never indicated to her that the pacemaker was doing more harm than good or was damaging her heart muscle. He further testified that although they discussed if the pacemaker should be removed or replaced once it stopped functioning, he did not state directly that she did not need the pacemaker and that it should be removed.
Sometime after October 1, 1979, Mrs. Engebo went alone to see Rodaway. She told Rodaway about the meeting between Elaine and Guntheroth and wanted an explanation for it because Elaine was still upset.
On November 26, 1979, Rodaway wrote Guntheroth a letter essentially telling him that he was upset to have heard from Elaine's family that Guntheroth had told her On December 18, 1979, Guntheroth wrote to Rodaway in response to Rodaway's November 26 letter. He described his version of the meeting with Elaine on October 1. He denied that he had criticized the judgment of the physicians who recommended and implanted the pacemaker, and that his behavior was linked to the political situation at COH. He stated that he had attempted to explain to Elaine why her therapy had not worked, despite reasonable expectations, but that he had tried to avoid any criticism of her prior medical care. At some point after Rodaway received this letter, he showed it to Elaine.
the pacemaker was needless and had suggested it was damaging Elaine's heart. Rodaway also suggested Guntheroth had brought Elaine into a conflict among doctors. Subsequently , at an appointment with Elaine for another purpose, Rodaway showed her this letter, told her what Mrs. Engebo had told him about Elaine's meeting with Guntheroth on October 1, and asked her what had happened during that meeting. They discussed the incident. According to Elaine, Rodaway told her he was upset with the situation and that it was a "big political struggle between the cardiologists of the Seattle area and that was the reason why I shouldn't have been pulled into it."
On August 11, 1980, Rodaway wrote the letter that is the subject of this action. See Appendix. It was addressed to the Credentials Committee of COH. Copies were sent to Rodaway's attorney and to several University officials.
Guntheroth brought this action against Rodaway claiming he was defamed in the August 11, 1980 letter. Rodaway moved for summary judgment of dismissal, and Guntheroth moved to strike portions of Rodaway's affidavit. The trial court granted Rodaway's motion and dismissed the action. It found that the August 11, 1980 letter
was qualifiedly privileged and no showing has been made that the publisher knew the facts therein to be false or acted in reckless disregard of the truth. Moreover, plaintiffs under the facts of this case should be considered to Guntheroth's motion to strike was also denied. Guntheroth appealed to the Court of Appeals, which transferred the case to this court pursuant to RAP 4.3.
be a public official and a public figure for purposes of this defamation action.
A plaintiff in a defamation case must establish four elements to recover: (1) falsity; (2) an unprivileged communication; (3) fault; and (4) damages. Bender v. Seattle, 99 Wash.2d 582, 599, 664 P.2d 492 (1983); Mark v. Seattle Times, 96 Wash.2d 473, 486, 635 P.2d 1081 (1981). In order to establish a prima facie case for purposes of resisting Rodaway's motion for summary judgment, Guntheroth must provide facts from which a jury could find that each element of defamation exists. See Mark, [727 P.2d 985] at 486, 635 P.2d 1081; Dunlap v. Wayne, 105 Wash.2d 529, 542, 716 P.2d 842 (1986). If, however, there is no genuine issue as to any material fact, considering the evidence and all reasonable inferences therefrom in the light most favorable to Guntheroth, summary judgment is proper. Dunlap, at 535, 716 P.2d 842; CR 56(c).
The parties raise questions concerning the evidentiary standard of proof Guntheroth must meet in order to show that there is a genuine issue of material fact. We are aware of the discussions in prior cases of the applicable standard of proof where a plaintiff in a defamation action seeks to overcome a defendant's motion for summary judgment. In Anderson v. Liberty Lobby, Inc., ...
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