On April 17, 2010, Kenneth Laurion, the father of Dennis Laurion (Laurion), was admitted to St. Luke’s Hospital in Duluth [Minnesota] after suffering a hemorrhagic stroke. On April 19, Kenneth Laurion was transferred from the intensive care unit (ICU) of St. Luke’s to a private room. The attending physician arranged for Dr. [David] McKee, a neurologist, to examine Kenneth Laurion. Dr. McKee had never met Kenneth Laurion before he examined him on April 19.
1. What are the required elements to establish a claim of defamation? Which party has to plead and prove these elements?
2. Which element of the claim is undercut by the “truth”?
3. How did the court’s interpretation of the “truth” affect its decision in this case?
4. Suppose that Laurion had posted online, “When I mentioned Dr. McKee’s name to a friend who is a nurse, she said, ‘Dr. McKee is a real tool!’” Would this statement have been defamatory? Explain.