Iacco v. Bohannon

• Decision Date: 04 August 1976
• Docket Number: Docket No. 24502
• Citation: 70 Mich.App. 463,245 N.W.2d 791
• Parties: Daniel A. IACCO, Plaintiff-Appellant, v. John BOHANNON and the School District of Clare, a third class school district, jointly and severally, Defendants-Appellees. 70 Mich.App. 463, 245 N.W.2d 791
• Court: Court of Appeal of Michigan — District of US

Page 791

245 N.W.2d 791

Daniel A. IACCO, Plaintiff-Appellant, v. John BOHANNON and the School District of Clare, a third class school district, jointly and severally Defendants-Appellees.

Docket No. 24502.

70 Mich.App. 463, 245 N.W.2d 791

Court of Appeals of Michigan.

Aug. 4, 1976.

Released for Publication Oct. 8, 1976.

[70 MICHAPP 464] Gorte & Brady by C. Michael Gorte, Bay City, for plaintiff-appellant.

Hughes & Trucks by Jay F. Trucks, Clare, for defendants-appellees.

Before DANHOF, P.J., and V. J. BRENNAN and KELLY, JJ.

V. J. BRENNAN, Judge.

Plaintiff appeals as of right from the May 19, 1975, order granting summary judgment in favor of defendants in plaintiff's action for libel and slander.

In April of 1973, plaintiff, a high school student at Clare High School, commenced this action for libel and slander against defendant Bohannon, a teacher and basketball coach at said school, and defendant school district, Bohannon's employer. The complaint averred that plaintiff was a good student, a good athlete and of a good reputation in the community. It was alleged that plaintiff was the captain of the varsity basketball team of which Bohannon was the coach. The complaint further alleged that on March 5, 1973, as the basketball team was preparing to enter the state basketball [70 MICHAPP 465] tournament playoffs, defendant Bohannon 'did intentionally call and gather together the other members of the Clare High School varsity basketball team and in their presence announced the suspension of your plaintiff from the aforesaid basketball team, and furthermore accused your plaintiff of conduct which was detrimental to the harmony of said basketball team' by way of the following statement:

'You are suspended from the March 5th game against Beaverton. To be reinstated stated there must be an advert (overt?) and sustained demonstration of team loyalty. We must see and hear your faith in your team's ability to win.'

The amended complaint further averred that subsequent to the above-noted statement, Bohannon distributed to the returning lettermen, reserves and basketball prospects for the 1973--74 high school basketball season a written statement containing the following language:

'The prime factor that hindered our Varsity basketball effort this past season was a lack of loyalty. This lack of loyalty was evidence in some of the students, and even some of our teammates.

'I cannot stress enough my conviction to go with those players on the varsity, junior varsity, and freshman team that display appropriate attitude.

'Therefore, if you plan to play high school basketball for Clare (1) Develop and, or maintain loyalty.'

On appeal, plaintiff assigns as error the granting of summary judgment in favor of defendants on the basis that words imputing disloyalty on the part of plaintiff to his high school basketball team did not constitute actionable libel or slander. He also argues that the trial court should not have [70 MICHAPP 466] ruled that defendant school district was clothed with governmental immunity.

The motion for summary judgment, as it pertains to both defendants, was on the basis that plaintiff failed to state a claim upon which relief could be granted. GCR 1963, 117.2(1). The trial court held that the language was not of so serious a nature as to hold a person up to ridicule and contempt, and, thus, was not actionable as a matter of law. Accordingly, the 'question that must be decided by this Court is whether, accepting all well-pleaded facts as being true, the * * * (language) so published is capable in law of a defamatory meaning'. Robbins v. Evening News Association, 373 Mich. 589, 590, 130 N.W.2d 404, 405 (1964).

The Supreme Court, in Nuyen v. Slater, 372 Mich. 654, 662, 127 N.W.2d 369, 374 (1964), in addressing itself to the question of whether there was actionable defamation, relied upon the definition of actionable defamation contained in 3 Restatement of Torts, § 559, p. 140, where it is stated:

'A communication is defamatory if it tends so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.'

The question in the...