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Friday, October 03, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 0 NFP)

In For publication opinions today (1):

Eve Carson v. Stacy Palombo
, an 18-page opinion, Cheif Judge Vaidik writes:

In 2009 Eve Carson posted a video to YouTube.com criticizing the investigation of her sister-in-law’s murder that occurred about a quarter-century before in Boston. Stacy Palombo, known by a username at the time, commented on Eve’s video, and Eve filed a complaint against Stacy for defamation per se, defamation per quod, and invasion of privacy by false light. The trial court entered summary judgment in favor of Stacy on all three claims, and Eve now appeals.

We conclude that the trial court did not abuse its discretion in denying Eve’s motion to amend her complaint on the defamation per se claim. This Court’s prior opinion in this case directed the trial court on remand to enter partial summary judgment in favor of Stacy on Eve’s claim for defamation per se, and the trial court did so. Pursuant to the law-of-the-case doctrine, Eve cannot amend her complaint to add facts that she knew—but omitted—at the time she originally filed her complaint in order to defeat the grant of partial summary judgment on this issue in favor of Stacy. In addition, because there is no genuine issue of material fact that Eve’s claimed damages were not incurred as a natural and proximate consequence of Stacy’s alleged defamatory statements, we affirm the trial court’s entry of summary judgment in favor of Stacy on Eve’s claim for defamation per quod. Finally, in light of the other videos that Eve herself posted on YouTube that cast her in essentially the same light as Stacy’s comment, we conclude that the trial court properly granted summary judgment in favor of Stacy on Eve’s claim for invasion of privacy by false light. We therefore affirm the trial court.

NFP civil opinions today (0):

NFP criminal opinions today (0):

Posted by Marcia Oddi on October 3, 2014 10:45 AM
Posted to Ind. App.Ct. Decisions