Burdette

In this defamation action, plaintiff John J. Burdette sued his former employer, Carrier Corporation, and several of Carrier’s employees for slanderous statements made by the employees regarding the circumstances surrounding Burdette’s resignation from Carrier.

Prior to this action, Carrier brought a diversity action against Burdette in the federal district court seeking to recover money it claimed Burdette owed the company. Burdette filed a cross-claim on July 31, 2000, naming Carrier and Anthony Guzzi, its vice-president of sales, as defendants, alleging inter alia that “[o]n or about December of 1999 through the present [Carrier],” “through GUZZI and other unknown employees and agents” disseminated false, slanderous information that Burdette had stolen money from Carrier and had conspired to and wrongfully taken money from Carrier and was generally dishonest in his employment dealings with Carrier, and that such statements injured his reputation and prevented him from maximizing his employment potential. (Italics added.)

The cross-claim was dismissed after the court granted Carrier’s motion for summary judgment because “the actual statements at issue were made by…