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Keywords

lawsuitdamagestrialwillzoningpunitive damages

damagesappealtrialpunitive damagescommon law

Related Cases

Yetman v. English, 168 Ariz. 71, 811 P.2d 323

Facts

In August 1985, David Yetman, a Democrat and elected member of the Pima County Board of Supervisors, was the subject of comments made by William English, a Republican legislator, during a luncheon meeting of the Pima County Republican Club. English, responding to a question about Yetman's involvement in a proposed zoning change, referred to him as a 'communist.' Following this remark, Yetman filed a defamation lawsuit against English, leading to a trial where the jury awarded Yetman $5,000 in damages.

In August 1985, Yetman, a Democrat, was an elected member of the Pima County Board of Supervisors, and English, a Republican, was an elected member of the Arizona House of Representatives.

Issue

Whether English's remark referring to Yetman as a 'communist' was protected speech under the First Amendment and whether the jury should have been instructed on punitive damages.

Whether English's remarks were absolutely protected expression under the first amendment to the United States Constitution and article 2, § 6 of the Arizona Constitution.

Rule

The court applied the principle that statements made about public figures must be provable as false to be actionable in defamation cases, and that the interpretation of such statements as factual assertions is a question for the jury.

The common law of defamation recognized no distinction between statements of fact on the one hand and opinion or hyperbole on the other.

Analysis

The court analyzed English's statement in the context of whether it could be reasonably interpreted as stating or implying actual facts about Yetman. It concluded that the remark was ambiguous and could be interpreted in multiple ways, thus necessitating a jury's determination on its meaning. The court emphasized that the average listener's interpretation is crucial in assessing whether the statement is actionable.

In our view the article is ambiguous and we cannot as a matter of law characterize it as either stating a fact or an opinion.

Conclusion

The Supreme Court reversed the lower court's decision, ruling that English's remark was not absolutely privileged and that the jury should have been instructed on the interpretation of the statement.

We believe, therefore, that the comment in issue was sufficiently equivocal that its interpretation should have been left to the jury, under proper instructions.

Who won?

David Yetman prevailed in the case as the Supreme Court ruled in his favor regarding the interpretation of English's remark and the need for jury instruction.

Yetman appealed the trial court's refusal to give the requested punitive damages instruction.

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