After a nonparty to the lawsuit allegedly told defendant that plaintiff was gay or bisexual, defendant relayed
Question:
After a nonparty to the lawsuit allegedly told defendant that plaintiff was gay or bisexual, defendant relayed that information to a third-party defendant, a close family friend of plaintiff's longtime girlfriend, with the hope that the girlfriend would be told. Plaintiff, maintaining that defendant's actions caused the deterioration and ultimate termination of his relationship with his girlfriend, filed an action alleging slander per se. The defendant filed a motion to dismiss, arguing that the case was legally insufficient due to plaintiff's failure to allege special damages, which involve "the loss of something having economic or pecuniary value." Do you think that the court ultimately found that the accusations of homosexuality or bisexuality amounted to defamation per se? Why or why not? [Yomanty v. Mincola, 97 A.D.3d 141, 2012 N.Y. App. Div. LEXIS 5397 (2012).]
Step by Step Answer:
Dynamic Business Law The Essentials
ISBN: 978-1259917103
4th edition
Authors: Nancy Kubasek, Neil Browne, Daniel Herron