Minton v. Thomson Newspapers, Inc., 70672
| Decision Date | 16 July 1985 |
| Docket Number | No. 70672,70672 |
| Citation | 333 S.E.2d 913,175 Ga.App. 525 |
| Parties | , 12 Media L. Rep. 1301 MINTON v. THOMSON NEWSPAPERS, INC. |
| Court | Georgia Court of Appeals |
William A. Davis, Jr., Valdosta, for appellant.
W.G. Elliott, Valdosta, for appellee.
Summary Judgment--Libel. On August 28, 1984, Doris Minton was the driver of an automobile which she was using to deliver prescription drugs from several pharmacists to the patient-purchasers. As she approached an intersection within the limits of Valdosta, she apparently failed to yield the right-of-way to crossing traffic proceeding in the intersecting roadway. As a result her car and another was involved in a collision. Valdosta police were alerted to the accident and commenced an investigation.
Upon arriving at the scene, one of the investigating officers observed Mrs. Minton in an incoherent, dazed and hysterical condition refusing attention. He saw numerous spilled pills and apparent drugs scattered inside Mrs. Minton's car. The officer offered evidence that although upon checking with Mrs. Minton's delivery responsibilities and becoming aware that she was normally engaged in delivering drugs for various pharmacies, nevertheless based upon her physical and neurological appearance (which he equated as consistent with that of numerous other persons who had been charged by him with being under the influence of drugs), he charged Mrs. Minton with driving under the influence, failing to yield the right-of-way, causing an accident, and driving without evidence of no-fault coverage. These charges apparently were formally reduced to writing by the execution of traffic violation citations and entered on an accident report. The accident report reflected that Mrs. Minton had been tested for driving under the influence by the administering of a blood test but the results of that test were pending. The officer testified by deposition that the formal charge of DUI was not dismissed until the hearing of the case on October 5, 1984. The blood test reflected negative both for alcohol and drugs. The officer also deposed that he neither smelled alcohol at the scene nor did he suspect Mrs. Minton of driving under the influence with alcohol as the probable intoxicant.
Later that same day, a reporter for the Thomson Newspapers, Inc. d/b/a The Valdosta Times, made a routine check with the police "blotter" to check for community news items. He observed the accident report (involving injuries) and the charges including the one of "DUI." The following day a news item identifying Mrs. Minton reported that "[s]he was charged with failure to yield the right-of-way, driving under the influence of alcohol and failure to maintain no-fault insurance, said reports." The reporter admitted that he did not investigate beyond the report filed by the investigating officer and because "DUI" with a blood test usually involved alcoholic intoxication, that is the way he reported the accident.
Mrs. Minton brought this complaint alleging the paper had libeled her by accusing her of a crime that she did not commit and without verifying the accuracy of the report. Upon motion by the newspaper for grant of summary judgment, the trial court ruled in its favor. It is the grant of that motion that forms the basis of this appeal by Mrs. Minton. Held:
The investigating police officer when filing his report reflected only that Mrs. Minton had been charged with "DUI." The report did not reflect what was the underlying and suspected cause of the state of intoxication. The reporter affirmed that a report of DUI together with a requested blood test generally was understood by him as reflecting driving under the influence of alcohol unless otherwise indicated by the reporting officer. In his common experience, the notation that the results of the test were pending meant that the percentage of the blood-alcohol would not be known until the results of the test were returned from the state crime lab. The reporter also was aware that the investigating officer had noted on the accident report that he had been unable to question Mrs. Minton due to the fact she was unconscious and incoherent. This too was considered by the reporter to be consistent with alcoholic intoxication.
OCGA § 40-6-391 proscribes driving under the influence either of alcohol or drugs. By its title, it is manifest that the prohibited conduct is driving under the influence of an intoxicant, whether that intoxicant be alcohol, drugs, or a combination of both. In this case the charging officer intended Mrs. Minton to be charged with driving under the influence of drugs. Therefore it is manifest that the reporter incorrectly reported that charge as driving under the influence of alcohol. However, Mrs. Minton seeks to base her case and this appeal upon the fact that she was under the influence of neither alcohol nor drugs and...
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