Legal Question in Civil Litigation in Pennsylvania

Re: Interent defamation of character

While the specific legal issue is different than yours, in G.J.D. v. GERALDINE T. JOHNSON, EXECUTRIX OF THE ESTATE OF DARWIN T. THEBES, DECEASED, 552 Pa. 169; 713 A.2d 1127; 1998 Pa. LEXIS 1275, slip op. at 2 (1996), the Supreme Court of Pennsylvania listed causes of action that may be relevant in a case such as yours: "defamation, intentional infliction of emotional distress, false light invasion of privacy, and invasion of privacy by publicity given to private life."

In February of this year, in C. DELORES TUCKER AND WILLIAM TUCKER, HER HUSBAND v. PHILADELPHIA DAILY NEWS, 2000 PA Super 183, 2000 Pa. Super. LEXIS 1500, slip op. at 14-15 (2000), the Superior Court of Pennsylvania described the injury that must be proven:

"The concept of actual harm in terms of a defamation action was explained by a panel of this Court in Agriss, 483 A.2d at 467. Quoting from the United States Supreme Court landmark decision of Gertz v. Robert Welch, Inc., 418 U.S. 323, 350, 41 L. Ed. 2d 789, 94 S. Ct. 2997 (1974), the Agriss Court stated:

'Actual injury is not limited to out-of-pocket loss. Indeed, the more customary types of actual harm inflicted by defamatory falsehood include impairment of reputation and standing in the community, personal humiliation, and mental anguish and suffering. Of course, juries must be limited by appropriate instructions, and all awards must be supported by competent evidence concerning the injury, although there need be no evidence which assigns an actual dollar value to the injury.'

Agriss v. Roadway Exp., Inc., 334 Pa. Super. 295, 483 A.2d 456, 467 (Pa. Super. 1984)."

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