Southwell
Southwell v. Mallery, Stern & Warford
Opinion
Opinion
Lillie, J.
Plaintiff appeals from summary judgment in favor of defendants and against plaintiff in a defamation action.
Facts
The complaint alleged: Plaintiff is, and at all times mentioned was, a medical doctor admitted to practice medicine in California. On August 1, 1984, defendants published a press release and distributed it to various newspapers with the intention that the newspapers print the story. “The press release stated that Freda Mae Parham had sued plaintiff [] ‘for negligently removing her ovaries and uterus, which tests allegedly indicated were healthy’ and that Freda Mae Parham had filed a medical malpractice lawsuit against plaintiff Dr. John Southwell ‘alleging that he performed the surgery even though tests did not reveal evidence of cancer.’ The press release further stated ‘that plaintiff Dr. Southwell’s attorney had argued the ovaries and uterus showed signs of pre-cancer.’ The press release further stated that plaintiff Dr. John Southwell ‘discharged [Parham] from Ontario Community Hospital even though she had a fever of 101 degrees.’ ” In addition to distributing the press release, defendants told newspaper reporters, “It was rather evident the…