Legal Question in Personal Injury in Virginia

Defamation of Character

My wife was in with a salesman at a local auto dealership when he called another dealership to let them know my wife was declining their vehicle offer and going with his. The salesman on the other end proceeded to describe my wife as a ''spikey dyed-hair dyke bitch heffer who looks like she weighs 250 pounds''. This was all proclaimed over speakerphone in front of my wife and salesman. I was not present during this conversation, but the salesman confirmed this incident did occur as my wife described. I belive this to be defamation of character. I believe the salesman who said this, along with the auto dealership employing him are liable. Am I correct or is this something we should just chalk up as someone being extremely rude. My wife took offense and intends to speak with his manager on Monday, but I told her to wait until we discussed this with a lawyer first. We are military, 21 years, and are stationed at Langley AFB in Virginia. Please let me know what should be done. Thank you for your time.


Asked on 11/03/07, 6:55 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Defamation of Character

The incident which you've described would not appear to involve what the law would consider defamation per se in which damages need not be proven, such as where the victim is alleged to have a sexually transmitted disease or has been provably damaged by the particular defamation in his or her particular business or professional relations. Therefore, unless your wife can prove credible damages which she has suffered as a result of this incident and which should be compensated, accordingly, I would subscribe to your wife's proposed solution to this matter rather than yours, i.e, a lawsuit for defamation against the dealership guy who probably should be pigfarming somewhere out in the remote confines of Middle America.

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Answered on 11/04/07, 12:36 am


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