Smith v. Durden

276 P.3d 943 (2012)

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Nature of the Case

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Facts

P, a former priest, brought this defamation action against Will Durden and William DeVries, St. Francis Vestry members, and Denise Durden and Marion DeVries, members of the parish (Ds). P initiated this defamation action after the publication of a packet of documents which, among other things, alluded to alleged sexual misconduct involving P and minor parishioners. One of the documents was an anonymous letter accusing P of several acts of pedophilia. P disclosed a summary of the allegations to the congregation during a Sunday service. One or more Ds offered to make copies of the packet for inquiring parishioners. Ds moved for summary judgment on the ground that P failed to demonstrate that he had suffered any actual injury to his reputation as a result of the publication of the material by its distribution. P claims that personal humiliation and mental anguish qualified as the requisite actual injury. The court granted Ds' motion. P appealed. The Court of Appeals agreed with P that evidence of mental anguish and humiliation is sufficient to establish actual injury for liability purposes. Ds appealed.