Kapotas v. Better Gov't Ass'n
Decision Date | 31 March 2015 |
Docket Number | No. 1–14–0534.,1–14–0534. |
Citation | 30 N.E.3d 572 |
Parties | James KAPOTAS, Plaintiff–Appellant, v. BETTER GOVERNMENT ASSOCIATION, Sun–Times Media, NBC Subsidiary (WMAQ–TV), LLC, Dick Johnson, individually, and Patrick Rehkamp, individually, Defendants–Appellees. |
Court | United States Appellate Court of Illinois |
Scott J. Larsen and Michael C. Keefe, both of Larsen Law Firm, P.C., of Chicago, for appellant.
Damon E. Dunn and Seth A. Stern, both of Funkhouser Vegosen Liebman & Dunn Ltd., of Chicago, for appellee Sun–Times Media.
Samuel Fifer, Natalie J. Spears, and Kristen C. Rodriguez, all of Dentons US LLP, of Chicago, for other appellees.
¶ 1 Plaintiff, James Kapotas, M.D., appeals an order of the circuit court of Cook County dismissing his verified second amended complaint against defendants Better Government Association (BGA), Sun–Times Media (the Sun–Times), NBC Subsidiary (WMAQ–TV), LLC (WMAQ), Dick Johnson (Johnson), and Patrick Rehkamp (Rehkamp), which alleged defamation, false-light invasion of privacy, tortious interference with business expectancy, and public disclosure of private facts. For the following reasons, we affirm the judgment of the circuit court.
¶ 3 Plaintiff initially filed a verified complaint against defendants on August 30, 2012, in the circuit court of Cook County.1 The operative pleading in this appeal is the verified second amended complaint, filed on May 7, 2013.2
¶ 4 The verified second amended complaint alleged that plaintiff was employed as an orthopedic surgeon at John H. Stroger, Cook County Hospital (Stroger Hospital) from October 1999, through November 5, 2011, when he resigned as chief of orthopedic surgery. Prior to his resignation, plaintiff, in April 2011, requested and was granted a leave of absence from Stroger Hospital.
¶ 5 During the leave of absence, Stroger Hospital issued checks to plaintiff by direct deposit for untaken sick leave and vacation time “in an amount totaling $135,000.” After payroll deductions, plaintiff received net payments of' $76,776.14. Stroger Hospital does not allow physicians to use sick time for nonmedical leaves of absence.3 Unused sick time, however, has value insofar as it can be added to a pension. The payments issued during the leave of absence were allegedly due to a clerical error. Plaintiff alleged that when he learned he had received county funds due to a clerical error, he immediately assisted in correcting the problem by paying the county back.
¶ 6 On November 4, 2011, Cathy Bodnar (Bodnar), the chief compliance and privacy officer of the Cook County Health & Hospitals System, sent an email to Dr. Richard Keen (Keen), identified in the complaint only as “another surgeon at Stroger Hospital.” Bodnar directed Keen to request that plaintiff submit a letter of resignation and a check for $76,776.14 payable to the Cook County treasurer.
¶ 7 On November 5, 2011, upon receiving an email from Keen, plaintiff resigned from Stroger Hospital. The email stated in part that plaintiff: (1) had taken an unpaid leave of absence; (2) was incorrectly paid for sick time; (3) had not received back pay “effective end of January 2011” that he was due to receive; (4) had not received payment for vacation time he was due to receive; and (5) must be “zeroed out” before he could receive payment, similar to “house-closing-checks passing back and forth.” The email also directed plaintiff to tender to Keen a check payable to the Cook County treasurer in the amount of $76,776.14. Keen indicated that Cook County would then issue a check to plaintiff representing the payments due him as described in the email.
¶ 8 On November 7, 2011, plaintiff issued a check payable to the Cook County treasurer in the amount of $76,776.14. He also issued a second check in the amount of $12,050.15 for retroactive insurance coverage. On December 14, 2011, Cook County issued a check payable to plaintiff for back pay due him in the amount of $53,774.09.
¶ 9 On November 11, 2011, after plaintiff resigned and before Cook County issued the check for back pay, Johnson authored and published an article through NBCChicago.com entitled, “Cook County Doc Gets Big Payout for No Work,” accompanied by an online video segment. Plaintiff attached a copy of the article as an exhibit to the verified second amended complaint. The article states in relevant part:
¶ 10 Plaintiff alleged the article stated that he “received money for doing no work when, in fact, [he] was incorrectly paid during an approved leave of absence.” The article did not explain that Cook County owed plaintiff in excess of $50,000 when the article was published. The article also states that plaintiff was offered an on-camera interview, but neither Johnson nor any representative from WMAQ interviewed plaintiff about the incident.
¶ 11 On November 16, 2011, the BGA and Rehkamp authored and published an article through the Sun–Times entitled, “Cook County doctor overpaid $80,000 while on leave.” Plaintiff attached a copy of the article as an exhibit to the verified second amended complaint. The article states in relevant part:
¶ 12 The verified second amended complaint quotes the first paragraph of the article and the paragraph reporting that plaintiff resigned and repaid the estimated $80,000, then alleges “[t]he article does not state that Dr. Kapotas paid the money back so that the error could be corrected and Cook County could pay [him] the money it owed him.” Rehkamp informed plaintiff that he would contact plaintiff prior to publishing the article, but he failed to contact plaintiff. Rehkamp did not wait for the results of the Cook County inspector general's investigation before publishing the story.
¶ 13 On May 7, 2012, Johnson authored and published a BGA and “Unit 5” report entitled, “Double Dipping Doctor Still on Inspector General's Radar.” Plaintiff attached a copy of the article as an exhibit to the verified second amended complaint. The article states in relevant part:
To continue reading
Request your trial-
Doctor's Data, Inc. v. Barrett
...and that this publication caused damages.” Green , 234 Ill.2d at 491, 334 Ill.Dec. 624, 917 N.E.2d at 459 ; see also Kapotas v. Better Gov't Ass'n , 2015 IL App (1st) 140534, ¶ 34, 391 Ill.Dec. 302, 30 N.E.3d 572, 587–88 (explaining that although “substantial truth” is an affirmative defens......
-
Tirio v. Dalton
...defense to a defamation suit, falsity is also an element of the defamation plaintiff's cause of action. Kapotas v. Better Government Ass'n , 2015 IL App (1st) 140534, ¶ 34, 391 Ill.Dec. 302, 30 N.E.3d 572. ¶ 53 Tirio's complaint sufficiently alleges that the statements at issue are false. T......
-
Benton ex rel. Child v. Little League Baseball, Inc.
...Since there were no false statements directed at the parents, they cannot sustain their false light action. See Kapotas v. Better Government Ass'n , 2015 IL App (1st) 140534, ¶ 75, 391 Ill.Dec. 302, 30 N.E.3d 572 (noting that if the plaintiff fails to state a defamation per se cause of acti......
-
Jaros v. Vill. of Downers Grove
...55 Defendants, for their part, bring our attention to Kapotas v. Better Government Ass'n , 2015 IL App (1st) 140534, 391 Ill.Dec. 302, 30 N.E.3d 572 ; Basile v. Prometheus Global Media , 225 F. Supp. 3d 737 (N.D. Ill. 2016) ; and Cunningham v. UTI Integrated Logistics, Inc. , No. 09-1019-GP......