X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This is an appeal from the grant of summary judgment against Linda McDonald on her libel suit; she was a member of the Augusta Fire Department in Georgia. In 1999, former Fire Chief Ronnie Few decided to host the Southeastern Fire Chief’s Convention in Augusta. Few and Katrice Bryant, the department’s former public information officer, were to determine the number of logo items to order from Dan Cook Associates to give away or to sell to defray the cost of the convention. Attendance at the convention was below expectations, and there was a $23,000 shortfall of revenues to pay the cost of the items purchased for giveaway and sale. In the departmental paper, the “Siren,” Bryant, with Few’s approval, accused McDonald in an advertisement of ordering too many articles and causing the revenue problems. Bryant prepared a report accounting for the funds at the direction at the Augusta Commission’s direction. Prior to filing the report with the commission, Bryant sent a copy to the Southeastern Fire Chief’s Association; the report accused McDonald of ordering and negotiating the prices for the souvenirs and failing to inform Few and Bryant of the amount of the order. McDonald contended that the article and the letter were false. The trial court granted summary judgment; finding no error, we affirm. Few and Bryant were responsible for determining the number of convention attendees and therefore, the amount of materials to order. A few weeks before the convention, Few and Bryant made a final decision of the number of items to order, using Dan Cook Associates’ price list. After the revenue shortfall, in the report to the Commission copied to the Southeastern Fire Chief’s Association, Bryant accused McDonald of negotiating the prices of the souvenirs and ordering them without telling Few and Bryant. To sell the souvenirs, Bryant ran an advertisement in the “Siren,” offering to sell the unsold souvenirs at the price “Linda negotiated” and accused McDonald of “ordering too many goodies that have not been sold.” Bryant testified that she had no intent to cause harm to McDonald and that she had attempted to be humorous like a “jail and bail type fund raiser.” McDonald contended that she was merely a contact person for Dan Cook Associates; however, Few and Bryant testified that McDonald negotiated and ordered the souvenirs and that their input was only as to type and color of items to be ordered. There is no dispute that McDonald placed the order. The Dan Cook Associates invoice listed McDonald as the person placing the order.

The falsehood in the letter was that McDonald was the only one that did not submit her invoices in a timely fashion. The Dan Cook invoices were delayed, because Few and Bryant changed the order in the final weeks. In the report, Bryant denied that she and Few were aware of the contract with Dan Cook Associates. Finally, the report falsely stated that McDonald was responsible for determining the amount of items to purchase and at what price to purchase them.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
August 12, 2024 - August 13, 2024
Sydney, New South Wales

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Learn More

COLE SCHOTZ P.C. TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT: NEW JERSEY OR NEW YORK OFFICES: Prominent mid-Atlantic la...


Apply Now ›

Post & Schell's Casualty Litigation Department is currently seeking an attorney with 2- 4 years of litigation experience, preferably in ...


Apply Now ›

A client focused Atlanta Personal Injury Law Firm is seeking an experienced, highly motivated, and enthusiastic personal injury attorney who...


Apply Now ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›