• Gina owns a limo service in the City that drives all the most exclusive tech executives and placed an advertisement for a New Director of Transportation. John Smith, who had recently moved from a small town $(“$Town$”)$ to City, applied for the position. He appeared to be well qualified for the job. Gina sent an email to her friend Bob, who lived in Town, to see if Bob knew John Smith and whether he had any information about him.

  
  

• Bob emailed back stating that he did not know John Smith, but that he believed that John Smith was convicted of a DUI earlier the past year that resulted in the death of two young people. Although he did not explain the source of his belief to Gina, it was based on an article in Town$’$s newspaper that he had read. Gina decided not to offer the job to John Smith because the position required a clean driving record. When Smith inquired as to why he had not received the job, Gina truthfully told him that she had been informed that he had been convicted of a DUI and played a part in a major accident that he was at fault for.

• In fact, the John Smith that Bob had read about in the article was a different John Smith, and the newspaper article had included the actual address and photograph of John so that there wouldn't be confusion. They were in no way similar to job$-$applicant John Smith, who was the fine, upstanding citizen that he appeared to be$.$

• Would John Smith have a Defamation claim against Bob? Discuss using the elements of Defamation.

  Are there any defenses to Defamation that would apply here?