Lovelace v. Van Tine
Lovelace v. Van Tine
Opinion of the Court
Introduction
Sandra Lovelace (Lovelace) appeals the trial court's dismissal of her defamation petition against Brian Van Tine (Van Tine). She argues that the trial court erred in concluding that intra-corporate immunity applied to her claim. We affirm.
Background
The allegations in Lovelace's petition are as follows. Lovelace worked as a medical assistant for Washington University School of Medicine from November 24, 2003 until August 5, 2015. Van Tine is a physician in the Department of Oncology at Washington University School of Medicine. Both Lovelace and Van Tine worked at the Siteman Cancer Center (Siteman), which is managed jointly by Washington University School of Medicine and Barnes-Jewish Hospital. Paula Goldberg (Goldberg), a registered nurse for Barnes-Jewish Hospital, was Lovelace's manager. Goldberg performed all of Lovelace's performance evaluations and controlled her daily assignments, Denitra Brinkley (Brinkley), an employee of Washington University, also supervised Lovelace.
Van Tine, as a physician, maintained a medical team made up of nurses, a nurse practitioner, and occasionally medical assistants. On July 8-9, 2015, Lovelace was assigned to Van Tine's team as a "float" medical assistant. On July 13, 2015, Goldberg and Brinkley met with Lovelace. They told her that Van Tine had reported *383that Lovelace said, "Don't hire Angie Butcher, she doesn't like working with white people." Lovelace denied making any such statement, became very upset, and was allowed to leave work early. Lovelace called into work sick for several days due to her distress, and eventually Goldberg and Brinkley placed her on administrative leave. Lovelace was discharged from her employment on August 5, 2015.
Lovelace's petition alleged that Van Tine maliciously and falsely accused Lovelace of making the statement regarding Angie Butcher in order to divert blame for making a racially-based hiring decision. Lovelace alleged that Van Tine's accusation directly and proximately caused Lovelace damage to her reputation and the loss of her employment, as well as extreme mental and emotional distress.
Van Tine moved to dismiss Lovelace's petition for failure to state a claim, arguing that according to Missouri's intra-corporate immunity rule, Van Tine's statement to Lovelace's supervisors did not constitute publication to a third party, which is an essential element of defamation. Van Tine also argued that the statement was capable of an innocent and non-defamatory meaning. The trial court agreed with both of Van Tine's arguments and dismissed Lovelace's petition. This appeal follows.
Standard of Review
We review the dismissal of a petition for failure to state a claim de novo. Lynch v. Lynch,
Discussion
Lovelace raises two points on appeal, but the first is dispositive. She argues the trial court erred in applying intra-corporate immunity to her claim because Van Tine was not a supervisor. We disagree.
The elements of a claim for defamation are "1) publication, 2) of a defamatory statement, 3) that identifies the plaintiff, 4) that is false, 5) that is published with the requisite degree of fault, and 6) damages the plaintiff's reputation." Farrow v. St. Francis Med. Ctr.,
However, Missouri has applied intra-corporate immunity to defamation claims regarding certain business communications. Blake,
Here, Lovelace argues that Van Tine was not a supervisor and thus not an "officer" whose communications were protected *384by the intra-corporate immunity rule. The trial court found that Lovelace's petition states Van Tine "was assigned a team of staff," which suggests Van Tine managed that team in a supervisory capacity. However, regardless of Van Tine's official position, this Court has noted that "[p]rior court decisions have not applied a narrow definition of 'officer.' " Blake,
Lovelace argues that the Missouri Supreme Court in Rice v. Hodapp overruled cases involving communication by non-supervisory employees to supervisors and held that no communications between supervisors and non-supervisory employees are immune to claims of defamation, but subject only to a qualified privilege.
Lovelace argues that there is no logical difference between the two situations, but we disagree. Employees must be able to bring personnel matters to the attention of supervisors without risk of liability. The Western District dealt with a similar argument in Dean, in which it reasoned that if an employee's communication to supervisors was not protected, "then no corporation could ever receive communications from employees which concerned the business of the corporation, without itself being liable for publication, and the employee himself or herself would suffer the consequences of reporting any matter to appropriate persons or departments in the corporate entity."
Conversely, supervisors possessing personnel information do not have the same unqualified necessity to disseminate it to non-supervisory employees, who have no role in the hiring or discipline decisions that are often implicated when these situations arise. Thus, supervisors' ability to share statements with non-supervisory employees is limited. See Rice,
Here, Lovelace's petition states that Van Tine made the statement to Lovelace's supervisors. Because statements made to supervisors do not constitute publication, the facts in Lovelace's petition fail to establish an element of defamation. Thus, her petition fails to state a claim upon which relief can be granted, *385and we affirm the trial court's judgment on this basis.
Conclusion
We affirm the judgment of the trial court.
Robert M. Clayton III, J., concurs.
Angela T. Quigless, J., concurs.
Van Tine's motion to dismiss the appeal and motion for sanctions are denied.
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