104 So. 3d 467
La. Ct. App.2012Background
- Andrew Davisson and Lori Davisson, married seven years, had three related lawsuits in Bossier Parish arising from the breakup.
- SUIT ONE: divorce with custody/visitation over their only child, J.D., adjudicated in 2002.
- O’Brien, a court-appointed licensed clinical social worker, evaluated the family beginning in 2007 for custody issues (SUIT ONE).
- SUIT TWO: Lori obtained a protective order against Andrew in December 2009; order entered January 2010.
- SUIT THREE: Andrew’s defamation suit against O’Brien, filed January 2011, alleging false statements in 2010; court granted O’Brien summary judgment and denied discovery motion.
- Appellate court affirmed, awarding $2,500 in attorney fees and all costs against Andrew and his attorney.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether O’Brien’s immunity shields civil liability for defamation | Davisson argues factual disputes exist on good faith and truth. | O’Brien relies on statutory immunity and truthfulness of statements. | Summary judgment upheld; immunity applies. |
| Whether discovery was properly restricted in the deposition | Davisson claims denial of adequate discovery via deposition termination. | O’Brien allowed deposition on 2010 events; 2007 questions limited. | Discovery properly denied; deposition appropriately terminated. |
| Whether written reasons for judgment were required | Davisson asserts Article 1917(A) requires written reasons. | Trial court adequately explained its ruling in open court. | No written reasons required; oral reasoning suffices. |
| Whether sanctions for frivolous appeal were proper | Davisson contends appeal not frivolous; seeks relief. | Appellate conduct deemed frivolous; sanctions warranted. | Appellate sanctions affirmed; $2,500 attorney fees and costs awarded. |
Key Cases Cited
- Kennedy v. Sheriff of East Baton Rouge, 935 So.2d 669 (La. 2006) (immunity and truthfulness issues in defamation arising from reporting abuse)
- Adams v. Harrah’s Bossier City Inv. Co., 948 So.2d 317 (La.App.2d Cir. 2007) (reliability and reporting obligations of professionals in abuse cases)
- Nesbitt v. Nesbitt, 79 So.3d 347 (La.App.2d Cir. 2011) (frivolous appeal standards and attorney fee sanctions)
- Straughter v. Hodnett, 975 So.2d 81 (La.App.2d Cir. 2008) (frivolous appeal damages and discretionary sanctions)
- Gandy v. United Services Auto Ass'n., 721 So.2d 34 (La.App.5th Cir. 1998) (appellate remedies for frivolous appeals)
- Smith v. Pilgrim’s Pride Corp., 4 So.3d 983 (La.App.2d Cir. 2009) (appellate sanctions in civil appeals)