Oakes v. Walther

• Decision Date: 26 March 1934
• Docket Number: 32178
• Citation: 179 La. 365,154 So. 26
• Court: Louisiana Supreme Court
• Parties: OAKES v. WALTHER

154 So. 26

179 La. 365

OAKES v. WALTHER

No. 32178

Supreme Court of Louisiana

March 26, 1934

Appeal from Civil District Court, Parish of Orleans; Hugh C. Cage Judge.

Action by Edward J. Oakes against Dr. H. W. E. Walther. From an adverse judgment, plaintiff appeals.

Affirmed.

E. J Thilborger and J. J. Cullinane, both of New Orleans, for appellant.

St Clair Adams and St. Clair Adams, Jr., both of New Orleans, for appellee.

ROGERS, Justice. ST. PAUL, J., absent.

OPINION

ROGERS, Justice.

Plaintiff appeals from a judgment entered on the verdict of a jury dismissing his suit in damages for an alleged libel uttered and published by the defendant.

Plaintiff alleges that he filed suit against the H. Weil Baking Company and Carl Goldenberg for the recovery of damages for certain physical injuries inflicted upon him by Goldenberg; that the defendants in that suit requested plaintiff to submit himself to a medical examination by Dr. H. W. E. Walther, the defendant in this suit, and that plaintiff in compliance with their request, submitted to such examination; that on the completion of the examination, the present defendant addressed and delivered a letter to the attorneys for the H. Weil Baking Company and Carl Goldenberg, a copy of which letter he attaches to his petition as part.

Plaintiff avers that the last sentence in the letter reading as follows, viz.: "I consider the patient's mental state decidedly abnormal for a man of twenty-five; he is mentally undeveloped, in my opinion," was written and published without just cause or provocation, and that the statement was false, scandalous, malicious, and untrue, and that defendant knew it was untrue; that the statement was made for the purpose of reflecting upon the credibility of plaintiff, to humiliate him, to bring him into ridicule before his neighbors, friends, and acquaintances, and to discredit him as a witness in his suit against the H. Weil Baking Company and Carl Goldenberg; that he is a stationary engineer by vocation and training, and has always enjoyed the esteem of the people of New Orleans and of his former employers; and that the statement in question deprived him of the esteem, confidence, and respect of his friends, employers, and the general public.

Plaintiff alleges that the statement of which he complains had no connection with the purpose for which he submitted himself for examination, and was, therefore, entirely uncalled for.

Plaintiff also alleges that on the trial of his suit against the baking company and its codefendant, the letter was introduced and read in evidence by the present defendant. Then follows an allegation that plaintiff is entitled to $ 5,000 damages for the injury to his good name, fame, and reputation and for his mortification and humiliation; and also a request for a trial by jury, which request was granted.

The defense is that the letter or report was a privileged communication, both in respect to its delivery to the attorneys representing the baking company and its codefendant, and in respect to its introduction in evidence and its reading in court; that the words and expressions used in the report were not designed or intended to injure plaintiff or to humiliate him, or to hold him up to public ridicule, but were written only in obedience to defendant's conception of his duty and in the performance of the same; that the contents of the report were pertinent and germane to the issue; that the report was written and delivered to the attorneys in good faith, without malice, express or implied; and that defendant had probable cause to believe the statements it contained were true. And defendant avers that he does not believe the letter or any of its expressions had the effect of damaging plaintiff, and defendant expressly disclaims any ill will towards plaintiff or any purpose to injure him in the slightest degree.

The defendant, a genito-urinary specialist, is a reputable physician and highly esteemed by members of his profession. He testified that he examined plaintiff upon the request of a member of one of the leading law firms of the city of New Orleans. At the time, this law firm was representing the H. Weil Baking Company and Carl Goldenberg in the damage suit brought against them by the plaintiff.

Defendant testified the statement in his report of which plaintiff complains, viz.: "I consider the patient's mental state decidedly abnormal for a man of 25; he is mentally undeveloped, and in my opinion," was made in explanation of his other conclusions as set forth in his report. It appears that plaintiff was kicked on the rear parts by Carl Goldenberg, the blow causing the injuries for which he brought suit for damages against the baking company and Goldenberg, its president and general manager. Plaintiff complained that as the result of the kick he received from Goldenberg three or four different conditions developed, i e., hydrocele, a rectal fistule, and impotency. Defendant explained that his examination of plaintiff, on which his report was predicated, was both objective and subjective. The report on its face shows this. Plaintiff's claims and conclusions as to his alleged injuries were apparently unsatisfactory to defendant, and the words of which plaintiff complains were clearly written in explanation, as defendant states, of his inability to "understand his (plaintiff's) conclusions." The...