Still playing catchup on updating blog.
Click here for this month’s monthly summaries for COA for November 2012.
Click here for entire listing of COA Monthly Summaries of Published Decisions.
Click here for this month’s summaries.
Here are the tort, insurance and civil decisions for this month.
- CIVIL PROCEDURE
SMITH v. FLYNN
Opinion by Judge Combs; Judges Keller and Lambert concurred.
Trial court did not erred in denying CR 60.02 motion to set aside default judgment on basis that defendant had been diagnosed with Alzheimer’s disease and that he was incompetent for service of process. Because defendant admitted he has never been adjudicated incompetent, his alleged incompetence is not a valid defense for his failure to respond to the complaint as a matter of law. Furthermore, no meritorious defense has been presented where record demonstrated that defendant conceded liability for loss of trees and fence two years prior to diagnosis of dementia.
GIBSON v. RAYCOM TV BROADCASTING, INC.
Opinion by Judge Clayton; Judges Combs and Thompson concurred.
Summary judgment was properly granted on contractor’s defamation claim against television station where statements made during broadcast were substantially accurate; no malice on the part of station or homeowner who contacted station was proven; information regarding unsatisfactory workmanship was legitimate; and because station is a
media defendant, constitutional free speech issue was implicated. Whether statements were defamatory per se is immaterial to analysis where statements were true or substantially true.