O'HARA

While I concur with part I of the majority opinion, I disagree with the reasoning and conclusions in part II. The primary issue in part II is whether special damages, as defined in Civil Code 1 section 48a, subdivision (4)(b), includes loss of income from O’Hara’s inability to work as a result of illness, depression or emotional distress caused by defamation. The majority concludes it does. I disagree and would reverse for the reasons set forth below.

Prior to the taking of evidence, the trial court ruled that it would allow testimony of O’Hara’s emotional state and depression “. . . for the purpose of showing the plaintiff’s inability to work.” The court further clarified its position during trial when it stated, “. . . if they found a potential employer that says, ‘Look, I wanted to hire this lady but I couldn’t because of her disability,’ that then proves special damages.”

Numerous witnesses testified regarding O’Hara’s inability to work. Dr. Koshkarian testified O’Hara had acute symptoms of anxiety and depression coupled with a lack of self-confidence. Cravens testified she initially found O’Hara shaking and hiding behind a chair. She stated she was in a depressed *1120…

In this consolidated appeal arising from a lawsuit against Storer Communications, Inc. (Storer), which at the time owned television Channel 39 and was operating the station under the call letters of KCST-TV, San Diego, we consider the issue of special damages in defamation actions. Naomi O’Hara sued Storer for slander, and, in a trial limited to special damages, a jury awarded her $300,000. Storer appeals, claiming (1) O’Hara presented no evidence of special damages under the Restatement Second of Torts and evidence of emotional distress was improperly admitted during the trial and (2) therefore, the verdict was excessive and the result of passion and prejudice. O’Hara also appeals, contending (1) it was error to restrict the trial to special damages on the basis she failed to make an adequate demand for a retraction pursuant to Civil Code 1 section 48a and (2) she is entitled to prejudgment interest.

Facts

On October 12, 1983, Channel 39 broadcast a news report that named O’Hara as “an alleged prostitute” in the company of then-San Diego County Supervisor Paul Eckert. O’Hara in fact was not a prostitute; rather, she was a witness in a grand jury investigation of police…

In this consolidated appeal arising from a lawsuit against Storer Communications, Inc. (Storer), which at the time owned television Channel 39 and was operating the station under the call letters of KCST-TV, San Diego, we consider the issue of special damages in defamation actions. Naomi O'Hara sued Storer for slander, and, in a trial limited to special damages, a jury awarded her $300,000. Storer appeals, claiming (1) O'Hara presented no evidence of special damages under the Restatement Second of Torts and evidence of emotional distress was improperly admitted during the trial and (2) therefore, the verdict was excessive and the result of passion and prejudice. O'Hara also appeals, contending (1) it was error to restrict the trial to special damages on the basis she failed to make an adequate demand for a retraction pursuant to Civil Code [1] section 48a and (2) she is entitled to prejudgment interest.

On October 12, 1983, Channel 39 broadcast a news report that named O'Hara as "an alleged prostitute" in the company of then-San Diego County Supervisor Paul Eckert. O'Hara in fact was not a prostitute; rather, she was a witness in a grand jury investigation of…