Sola v. Leighton
45 A.3d 502
| R.I. | 2012Background
- Sola, plaintiff, appeals after Superior Court dismissed her defamation claim as time-barred and granted summary judgment for the city and Det. Caruolo.
- Plaintiff alleged in 2006 that defamatory statements caused her firing from Newport Hospital and sought relief in 2006 through John Doe defendants.
- Email from Capt. Morrison (April 13, 2006) and Caruolo’s February 23, 2006 report allegedly disclosed the defaming source.
- Plaintiff learned Caruolo’s involvement by October 2006 and sought to amend; Leighton was later identified as the actual informant.
- Second amended complaint naming Caruolo and the City was filed May 20, 2009, more than three years after publication date February 23, 2006.
- Judge treated defendants’ motion as summary judgment and held that the statute of limitations barred the claim, affirming the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 9-5-20 tolling applies | Sola argues John Doe filing tolls the period | Caruolo/City contend tolling unavailable since identity known | John Doe tolling unavailable; Sola knew Caruolo’s identity |
| Accrual date for defamation action | Accrual occurred at firing date | Accrual occurs on publication date, Feb 23, 2006 | Accrual on publication date, not firing date |
| Fraudulent concealment tolling under § 9-1-20 | Caruolo concealed the action; discovery delayed | No misrepresentation or concealment proven | No tolling for fraudulent concealment; no concealment shown |
| Effect of knowledge of source on tolling and statute | Knowledge of Caruolo’s role tolls or extends time | Knowledge defeats tolling | Knowledge of identity defeats tolling under § 9-5-20 |
| Proper treatment of the motion to dismiss as summary judgment | Dispositive facts outside pleadings; tolling arguments raised | Record supports summary judgment on statute grounds | Motion treated as summary judgment; record supports dismissal on limitations |
Key Cases Cited
- Mikaelian v. Drug Abuse Unit, 501 A.2d 721 (R.I. 1985) (accrual for defamation reserved; discovery rule discussed)
- Hall v. Insurance Co. of North America, 666 A.2d 805 (R.I. 1995) (John Doe tolling when defendant's name unknown)
- Ensey v. Culhane, 727 A.2d 687 (R.I. 1999) (John Doe tolling requires proper service after identification)
- Ryan v. Roman Catholic Bishop of Providence, 941 A.2d 174 (R.I. 2008) (fraudulent concealment standard for tolling)
- Kelly v. Marcantonio, 187 F.3d 192 (1st Cir. 1999) (fraudulent concealment; misrepresentation standard)