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Keywords

lawsuittortstatutetrialverdictmotionstatute of limitations

tortplaintiffstatuteappealtrialstatute of limitationsrespondentappellant

Related Cases

Sullivan v. Pulitzer Broadcasting Co., 709 S.W.2d 475, 54 USLW 2612, 12 Media L. Rep. 2187

Facts

James H. Sullivan, a former hospital administrator, filed a lawsuit against Pulitzer Broadcasting Company, claiming that five news broadcasts aired by the company contained false information about him. Sullivan alleged that these broadcasts damaged his reputation, caused emotional distress, and resulted in loss of employment. The broadcasts suggested that he was unlawfully building a home with stolen materials from the City of St. Louis. Sullivan had previously filed a lawsuit regarding similar broadcasts, which resulted in a $5,000 verdict for a trespass count but was unsuccessful on other counts, including 'false light invasion of privacy.'

Appellant filed suit on November 7, 1983, alleging that on five occasions, beginning on November 22, 1978 and ending on November 29, 1978, respondent broadcast over its television station a story concerning appellant, which, taken as a whole, intentionally and maliciously conveyed the false impression that plaintiff, then Administrator of City Hospital # 1 and an employee of the City of St. Louis was unlawfully and improperly building a home with materials stolen from the City of St. Louis.

Issue

The main legal issue was whether Sullivan could avoid the two-year statute of limitations for defamation by characterizing his claim as one for 'false light invasion of privacy.'

The crucial issue on appeal is whether appellant can evade the two year statute of limitations for defamation actions by urging that we denominate his claim as one for 'false light invasion of privacy' and also treat such a claim as one not governed by the statute of limitations for defamation actions.

Rule

The court applied the two-year statute of limitations for defamation actions, concluding that the claim for 'false light invasion of privacy' was essentially a defamation claim.

Respondent contends that appellant's petition states a claim for defamation, and because the action was instituted just short of five years after the alleged tortious action the suit is barred by the two year statute of limitations for libel and slander.

Analysis

The court analyzed whether Sullivan's claim could be treated as a separate tort of 'false light invasion of privacy.' It concluded that the claim was fundamentally a defamation action, as it involved the publication of false information that harmed Sullivan's reputation. The court noted that the distinction between defamation and false light was not significant in this case, as both require the publication of false information.

Consequently, appellant urges that this Court now adopt the 'false light invasion of privacy' tort and, after doing so, apply the five year statute of limitations rather than the two year statute for libel and slander suits.

Conclusion

The court affirmed the trial court's dismissal of Sullivan's suit, holding that the action was barred by the two-year statute of limitations for defamation.

The judgment of the trial court is affirmed.

Who won?

Pulitzer Broadcasting Company prevailed in the case because the court found that Sullivan's claim was essentially one for defamation, which was barred by the statute of limitations.

The court affirmed the dismissal, concluding that Sullivan could not evade the statute by recharacterizing his claim.

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