In RE: Keven A. McKenna PC v. Sumner D. Stone
1:11-cv-00631
D.R.I.Mar 13, 2013Background
- Stone, pro se, appeals a Bankruptcy Court decision denying most of his claims against McKenna and McKenna P.C.
- Stone was hired as a paralegal in 2008, paid $20/hour up to 20 hours/week, terminated March 30, 2009, and filed a workers’ compensation claim.
- WCC found Stone suffered a work-related injury and entitled to benefits; WCC also found no insurance coverage for the period and no payment of benefits or fees to Stone.
- McKenna and the P.C. filed defenses and numerous state-court actions; both debtors later filed Chapter 11, with Stone filing multiple claims.
- Trustees were appointed, cases consolidated, later converted to Chapter 7; P.C. settled with Stone, paying $33,173.99 in weekly benefits over two years.
- Bankruptcy Court found Stone credible only on unpaid wages ($2,000) and denied defamation, abuse of process, and consequential damages claims; Stone appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Defamation claim elements | Stone asserts defamatory statements by McKenna caused damages. | McKenna contends insufficient evidence of false statements and harmful publication. | Defamation claim failed; insufficient evidence of false statements or damages. |
| Defamation per se viability | Stone argues McKenna’s comments constitute defamation per se. | Defendant contends no showing of an enumerated crime or per se elements. | Defamation per se not established; elements not shown. |
| Abuse of process | Stone asserts McKenna used legal proceedings for ulterior purpose. | McKenna claims no improper purpose and actions were legitimate litigation. | No proof of ulterior motive or specific injury; abuse of process claim affirmed against Stone. |
| Consequential damages | Stone seeks damages from foreclosure linked to McKenna’s conduct. | Defendant argues causation and pre-existing issues undermine liability. | Causation not proven; pre-existing problems predate McKenna; consequential damages disallowed. |
Key Cases Cited
- Palmacci v. Umpierrez, 121 F.3d 781 (1st Cir. 1997) (clear error standard for factual findings; de novo for law)
- Lyons v. Rhode Island Public Employees Council, 516 A.2d 1339 (R.I. 1986) (defamation elements: false statement, unprivileged publication, damages)
- Cullen v. Auclair, 809 A.2d 1107 (R.I. 2002) (burden on defamation plaintiff to prove damages)
- Marcil v. Kells, 936 A.2d 308 (R.I. 2007) (defamation per se requires crime-element violation)
- Hoffman v. Davenport-Metcalf, 851 A.2d 1083 (R.I. 2004) (abuse of process elements; ulterior purpose and injury)