Sky v. Van Der Westhuizen Court of Appeals of Ohio, Fifth District, Stark County, 2019 -Ohio- 1960, 136 N.E.3d 820 (2019). Background and Facts Anastasia Sky, a psychotherapist, is a cat breeder and the owner of Skyhaven Birman Cattery. Sky exhibits her cats at showswinning many awardsand sells her cats to other breeders. Her cats and cattery are registered with the Cat Fanciers Association [CFA] in Ohio. E-mail messages purporting to be from Sky's employees and customers were sent to the CPA, alleging, among other things, that her cats were kept in deplorable conditions and treated cruelly and inhumanely. Reviews were posted online stating that Sky was \"a crazy cat lady\" whose medical license had been revoked due to drug abuse. The e-mail and posts were false. Sky filed a suit in an Ohio state court, alleging defamation and emotional distress. A response to a subpoena identified the author of the e-mails and the online reviews as Hilde Van Der Westhuizen, a competing breeder. The court entered a judgment in Sky's favor and awarded her damages for the harm to her reputation, loss ofincome, and emotional distress. Van Der Westhuizen appealed, arguing that the evidence did not support the award. In the Words of the Court WISE, J. [Judge] * * * Dr. Sky testified that after the defamatory emails were sent by [Van Der Westhuizen] Dr. Sky was shunned in the breeding community and her cats failed to place at cat shows. She also suffered damages in the form of lost revenue due to a decrease in sales of kittens. Additionally, she is no longer asked for interviews as a Birman cat expert. Dr. Sky also testified that * * * she lost patients as a result of the damaging reviews [posted online]. Additionally, she received fewer physician referrals. Evidence was also presented to support * * * damages on her claims for emotional distress * * *. Testimony was presented * * * regarding the changes she underwent following the defamation such as changes in her appearance, her mood and her mental/emotional state. Evidence was also presented that Dr. Sky sought therapy for her emotional distress. [Emphasis added.]In support ofher claim for financial losses resulting from damage to her reputation, Dr. Sky testified that * * '5' the sale ofkittens was down from 68 kittens sold [before the defamatory e-mails] to 27 kittens sold [after the e-mails]. Dr. Sky further testified that she lost income in her medical practice as a result of damage to her reputation as a doctor. She testified that * * * she lost income in the amount of $12,765, lost future earning capacityin the amount of $26,178.98 * * *, and lost ten patients. In support of her claim for damages for emotional distress, Dr. Sky testified as to her personal humiliation and mental suffering in regard to having to respond to the defamatory e-mails, having to undergo inspections ofher cattery, being shunned by judges at cat shows, and no longer being pursued for publications. She also testified that her hair fell out, she lost sleep, and had to seek therapy. Decision and Remedy A state intermediate appellate court affirmed the lower court's judgment. The court stated, \"In light of the testimony. . ., we find that the record contains competent, credible evidence to support the trial court's damage awards." l Discussion: We will discuss the ease summaries that are in the textbook (e.g., Case 20.], Simmons v. Smith from chapter 20}. As preparation for these discussions, you should read the ease excerpt, compare the topic to corresponding material in the text, and be prepared to answer basic questions about the case, such as: Who are the parties in this case? What went wrong why are they in court? What court is the opinion from is it a trial court or appellate court? What question did the court have to decide in this case? What facts did the court focus on in deciding the case? Your preparation is intended to make it possible for us to have discussion about the case. You do not need to master the topic covered by the ease. My expectation is that you be familiar enough with the material to be able to answer my questions as we work through the subject. If you are able to do this, you will have satised this part of the class participation requirement