From Gorman v. Stites & Harbison, NPO, COA, 4/29/2011
Gorman also sued Stites & Harbison for defamation. Defamation has four elements: defamatory language, about the plaintiff, which is published, and which causes injury to reputation. Columbia Sussex Corp., Inc. v. Hay, 627 S.W.2d 270, 273 (Ky. App. 1981). However, because the alleged defamatory statements in this case were published in judicial pleadings in good faith, they are privileged. Schmitt v. Mann, 291 Ky. 80, 163 S.W.2d 281 (Ky. 1942).