Tort Law

The cases below are cases from the Virginia Supreme Court summarized by Brien Roche dealing with the topic of defamation publication and the related topic of intentional torts. For more information on defamation see the pages on Wikipedia.

Defamation Publication-Cases

 1995 Food Lion, Inc. v. Melton, 250 Va. 144, 458 S.E.2d 580.

Plaintiff alleged that she was accused of shoplifting by security guard. Her testimony established that a number of customers stopped to listen to the security guard’s accusations. This was sufficient to establish publication. Publication may be proved by either direct or circumstantial evidence that remarks were heard by a third party who understood remarks as referring to plaintiff.

1978 Watt v. McKelvie, 219 Va. 645, 248 S.E.2d 826.

Defamation publication.Defendant republished defamatory statement during deposition. Defendant absolutely privileged. No new cause of action arose as to originator of statement.

1957 Weaver v. Beneficial Fin. Co., 199 Va. 196, 98 S.E.2d 687.

Author of defamation is liable for republication by third persons if it is natural and probable consequence of his act; or, he has presumptively or actually authorized its republication. This republication constitutes new cause of action against original publisher.

1952 Luhring v. Carter, 193 Va. 529, 69 S.E.2d 416.

In cases of slander, when repetition was authorized and was direct and natural result of original slander, it may be shown in evidence against original defamer, and especially where it was intended and contemplated that slander be repeated.

1944 Cohen v. Power, 183 Va. 258, 32 S.E.2d 64.

Although there is no testimony from person who supposedly heard slanderous remarks, testimony from plaintiff that these slanderous comments were communicated to these persons is sufficient.