Sommer

Defendant Zsa Zsa Gabor and her husband, defendant Frederic Von Anhalt, appeal from a judgment on a special verdict in favor of plaintiff Bike Sommer in her action for defamation. On appeal, defendants contend the court erred in (1) applying California, rather than German, defamation law; (2) instructing the jury; and (3) admitting evidence the defamation caused distress to Sommer’s mother. Defendants also contend that the statements attributed to them are opinions and are not actionable as a matter of law, and that the damages are excessive.

Facts

Sommer, who was bom in Germany in November 1940, began playing the romantic lead in films in Europe in 1958; in 1962, she made an American movie filmed in London; in 1963 she made her first Hollywood movie and played the lead with Paul Newman. From 1958 to 1991, Sommer made about 67 films; in the early 1970’s, she began television work and live theater; although Sommer made no movies in Hollywood from 1983 to 1990, she appeared in stage productions and television series. According to her publicist in the 1960’s, Richard Guttman, press coverage affects the reputation of a celebrity. Sommer’s reputation as an actress is…