Narrative Opinion Summary
In this appellate case, the administrator of an estate filed a defamation lawsuit against a broadcaster, asserting that a news report inaccurately characterized the decedent's death as drug-related. The trial court granted the broadcaster's motion for judgment on the pleadings, leading to an appeal. The appellate court upheld the trial court's decision, affirming that common law does not recognize a right of action for defamation regarding deceased individuals, as corroborated by the Restatement (Second) of Torts and relevant legal precedents. Notably, the court emphasized that no Georgia statute alters this common law principle. Citing the precedent established in Atlanta Journal Co. v. Farmer, the court reinforced that relatives are precluded from bringing defamation claims on behalf of deceased individuals. The appellant's reliance on Johnson v. Bradstreet Co. was found inapplicable, as it pertains solely to the survival of libel actions involving living individuals who die during proceedings. The appellate court's judgment, rendered on April 27, 1990, was concurred by Judges Birdsong and Sognier, with Judge Cooper disqualified from the case.
Legal Issues Addressed
Defamation of Deceased Individualssubscribe to see similar legal issues
Application: The court affirmed that there is no common law right of action for defamation concerning deceased individuals.
Reasoning: The court held that there is no common law right of action for defamation concerning deceased individuals, referencing the Restatement (Second) of Torts and other legal sources.
Irrelevance of Survival of Libel Actionssubscribe to see similar legal issues
Application: The appellant's reference to Johnson v. Bradstreet Co. was dismissed as it addressed only the survival of a libel action for a living person who passed away during proceedings.
Reasoning: The appellant's reference to Johnson v. Bradstreet Co. was deemed irrelevant, as it only addressed the survival of a libel action for a living person who passed away during proceedings, not the ability to libel a deceased individual.
Precedent on Defamation Claims for Deceased Individualssubscribe to see similar legal issues
Application: The court cited the precedent set in Atlanta Journal Co. v. Farmer, which established that relatives cannot bring a defamation claim for a deceased person.
Reasoning: The court also cited a precedent (Atlanta Journal Co. v. Farmer) that established that relatives cannot bring a defamation claim for a deceased person.
Statutory Modification of Common Lawsubscribe to see similar legal issues
Application: The decision was upheld due to the absence of a Georgia statute modifying the common law principle that defamation claims cannot be brought on behalf of deceased individuals.
Reasoning: The absence of a Georgia statute modifying this common law principle affirmed the trial court's decision.