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TORTS (defamation, condo association, appeals): Flint v. Stilger (COA 1/22/2010)

By Michael Stevens

Flint v. Stilger
2009-CA-000475 01/22/2010 2010 WL 199566

Opinion by Judge Caperton; Judge Dixon and Senior Judge Henry concurred. The Court reversed and remanded a summary judgment entered in favor of appellee on appellant?s claim for defamation. The trial court found that statements made in response to appellant?s appeal for the Attorney General to prosecute a condominium association?s failure to comply with KRS 381.990 were entitled to absolute privilege. The Court first held that appellant?s naming of additional appellees as ?Jane and John Does? was not fatal to the appeal. As members of the Board of Directors of the association, they were not necessary parties because the defamation claim was only between appellant and the named appellee, the attorney for the association. The Court next held that review was confined to one for manifest injustice, as appellant failed to properly cite to the record as required by CR 76.12(4)(c)(iv)-(v). The Court ultimately held that the statements made in the response to the appeal for the Attorney General to prosecute was not entitled to absolute privilege because the Attorney General?s office was undertaking an investigation and had not made known whether it would pursue a judicial remedy. Therefore, the statements were only entitled to a qualified privilege, which could be overcome by a showing of malice.

Full post as published by Kentucky Cases on March 21, 2010 (boomark / email).