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Bakhtiarnejad v. Cox Enters. Inc. d/b/a The Atlanta Journal-Constitution

Defendants were not entitled to summary judgment or dismissal of plaintiff's defamation suit because a genuine issue remained as to whether defendants accurately reported an officer's investigation of molestation charges against plaintiff.

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Shahriyar Bakhtiarnejad appeals an order of the trial court dismissing his claims for defamation and intentional infliction of emotional distress against Cox Enterprises, Inc., d/b/a the Atlanta Journal-Constitution and staff writer Michael Weiss hereinafter collectively “Cox”. The court dismissed the case after consideration of Cox’s motion to dismiss for failure to state a claim upon which relief could be granted.1 We find that the motion to dismiss was converted into a motion for summary judgment, and we reverse because we find that neither summary judgment nor dismissal was warranted based on the allegations in Bakhtiarnejad’s complaint and the evidence in the record. Because we find that the motion was converted into one for summary judgment, we also deny Cox’s motion to dismiss this appeal on the ground that it is premature.

Bakhtiarnejad operated a tae kwon do academy in Gwinnett County. On June 19, 1998, S. R. M., a 15 year-old student at the academy, reported to police that during the previous roughly six and one-half months, Bakhtiarnejad had sexually harassed her, fondled her several times and on one occasion forced her to have oral sex with him. Subsequently, S. R. M. was interviewed by Gwinnett County Detective Michael Mirolli, and on August 19 Mirolli procured arrest warrants for Bakhtiarnejad for child molestation and aggravated child molestation.

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