Opinion

Lee v. Lyerly

  • 120 N.C. App. 250
  • 461 S.E.2d 775
  • 1995 N.C. App. LEXIS 733
Court
Court of Appeals of North Carolina
Filed
Sep 19, 1995
Status
Published
Author
Martinjohn
On the bench
Greene, John, Martin, Wynn
Cited by
3 cases
Authority
More cited than 18.7%

The opinion

Judge Martin, John C.

dissenting.

I respectfully dissent. Actual malice is not generally susceptible of direct proof; in cases such as this one involving alleged defamation, actual malice may be proven by evidence of ill-will or personal hostility on the part of the declarant. You v. Roe, 97 N.C. App 1, 387 S.E.2d 188 (1990). When considered in the light most favorable to plaintiff, Dr. Lyerly’s statements that if she “did not get rid of Ralph Lee, nobody would” and “Ralph Lee was too redneck to represent the NCVMA” are sufficient evidence of ill-will and personal hostility to create a genuine issue of material fact as to whether- her statement *255 accusing plaintiff of “stealing monies from the Association” was made with actual malice so as to overcome the defense of qualified privilege. Therefore, I believe summary judgment was inappropriate and I vote to reverse and remand this case for trial.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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