# Lee v. Lyerly

> Court of Appeals of North Carolina · September 19, 1995 · 120 N.C. App. 250

URL: https://www.frixlaw.com/law-library/cases/8893382

## Case

- **Full name:** RALPH HOWARD LEE v. ELIZABETH C. LYERLY and NORTH CAROLINA VETERINARY MEDICAL ASSOCIATION
- **Court:** Court of Appeals of North Carolina
- **Decided:** September 19, 1995
- **Citations:** 120 N.C. App. 250; 461 S.E.2d 775; 1995 N.C. App. LEXIS 733
- **Precedential status:** Published
- **Opinion:** Dissent by Martinjohn
- **Judges:** Greene, John, Martin, Wynn
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8893382

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8893382. Public record. Not legal advice.