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Weller v. American Broadcasting Companies, Inc., 232 Cal.App.3d 991, 283 Cal.Rptr. 644, 19 Media L. Rep. 1161

Facts

In 1982, Michael J. Weller learned that a wealthy woman wanted to sell two rare candelabra made by Paul Storr. Weller entered a consignment agreement and sold the candelabra to the de Young Museum for $65,000 after marketing them unsuccessfully for nine months. A year later, KGO–TV aired broadcasts suggesting that Weller sold stolen candelabra at an inflated price and misrepresented their origin and condition. The broadcasts led to a defamation lawsuit by Weller and his business against the television station and reporter.

In 1982, Weller learned that a wealthy woman, from a well-established Texas family, wished to dispose of two rare candelabra made by the renowned silversmith, Paul Storr. Weller entered into a standard consignment agreement with the owner, agreeing to pay the owner $45,000 upon the sale of the candelabra. The owner asked that her identity be kept confidential, a request that was not uncommon in the antique silver industry.

Issue

Did the broadcasts imply defamatory statements about Weller and his business that were provably false?

Did the broadcasts imply defamatory statements about Weller and his business that were provably false?

Rule

The court applied the principle that statements which imply a provably false fact can be considered defamatory, and that the context and language used in broadcasts can lead to such implications.

The court applied the principle that statements which imply a provably false fact can be considered defamatory, and that the context and language used in broadcasts can lead to such implications.

Analysis

The court found that the broadcasts could reasonably be understood as implying that Weller sold stolen property and misrepresented the candelabra's value. The jury determined that the average viewer would interpret the broadcasts as making defamatory assertions, and the implied statements were found to be substantially false. The court also upheld the admission of expert testimony regarding the linguistic analysis of the broadcasts.

The court found that the broadcasts could reasonably be understood as implying that Weller sold stolen property and misrepresented the candelabra's value. The jury determined that the average viewer would interpret the broadcasts as making defamatory assertions, and the implied statements were found to be substantially false. The court also upheld the admission of expert testimony regarding the linguistic analysis of the broadcasts.

Conclusion

The Court of Appeal affirmed the lower court's ruling, concluding that the broadcasts were defamatory and that the damages awarded were not excessive.

Affirmed.

Who won?

Michael J. Weller and Argentum Antiques Ltd., Inc. prevailed in the case because the court found the broadcasts to be defamatory and the implied statements to be provably false.

American Broadcasting Companies, Inc., KGO–TV, and Carol Ivy (appellants) appeal from a judgment entered against them in a defamation action brought by Michael J. Weller (Weller), Edgar W. Morse, and Argentum Antiques Ltd., Inc. (Argentum).

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