Weller

Weller v. American Broadcasting Companies, Inc.

Good Law
1991 Cal. App. LEXIS 818·232 Cal. App. 3d 991·283 Cal. Rptr. 644·91 Daily Journal DAR 9177·19 Media L. Rep. (BNA) 1161
Court of Appeal of CaliforniaJuly 18, 1991A046379California13,686 words

Opinion

Opinion

Stein, J.

—American Broadcasting Companies, Inc., KGO-TV, and Carol Ivy (appellants) appeal from a judgment entered against them in a defamation action brought by Michael J. Weller (Weller), Edgar W. Morse, and Argentum Antiques Ltd., Inc. (Argentum). The jury found that a series of broadcasts in February and March of 1984 concerning the origin and value of certain antique silver candelabra that Weller sold to the de Young Museum were defamatory and awarded damages totalling $2.3 million.

Facts

In 1982, Weller learned that a wealthy woman, from a well-established Texas family, wished to dispose of two rare candelabra made by the renowned silversmith, Paul Storr. Weller entered into a standard consignment agreement with the owner, agreeing to pay the owner $45,000 upon the sale of the candelabra. The owner asked that her identity be kept confidential, a request that was not uncommon in the antique silver industry.

Weller had a silversmith perform some repairs on the candelabra, which included filling in and touching up holes which had been drilled when the candelabra had once been electrified. Weller valued the candelabra at between $60,000 and $100,000.

For approximately nine…

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