Swanson Towing & Recovery, LLC v. Wrecker 1, Inc.
342 Ga. App. 6
| Ga. Ct. App. | 2017Background
- Wrecker 1, owned by Stacy Richardson (Steve Richardson assisted), provided towing services and was added to Henry County’s approved non-consensual wrecker list in 2011.
- Swanson (owned by Sarah Cha) and employee Amanda McCallister complained to county officials about Wrecker 1’s integrity, billing, and alleged connection to a prior company, Silent Night (whose PSC permit had been revoked in 2007).
- County hearings (including evidence from complainants such as Hamlin and an insurance adjuster) led to findings that Wrecker 1 overcharged customers, a 90-day suspension, and ultimately permanent removal from the county list after a due‑cause hearing; Wrecker 1 did not participate in some hearings.
- Wrecker 1 and Stacy sued Swanson, Cha, McCallister, and others for tortious interference with business relations, libel, and slander; defendants moved for summary judgment and the trial court denied that motion and certified for immediate review.
- The appellate court reviewed de novo and held that defendants were entitled to summary judgment: tortious interference failed for lack of causation/proximate cause, and defamation claims failed because the contested statements were either non-actionable opinion or true.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Tortious interference with business relations | Swanson’s complaints and urging of a GEICO adjuster caused Henry County to remove Wrecker 1 from the approved list, harming Wrecker 1 | County’s adverse action was based on independent evidence presented at hearings (Hamlin, adjuster); defendants did not cause the decision | Summary judgment for defendants — plaintiffs failed to show defendants induced the County’s action or proximately caused the damages |
| Libel/slander re: statements that Richardsons were "crooks"/"no morals" | Such statements harmed reputation and imputed wrongful conduct | Statements are expressions of opinion, not provably false facts | Summary judgment for defendants — statements non-actionable opinion |
| Defamatory implication that Wrecker 1 is Silent Night (continuation/alias) | Equating Wrecker 1 with Silent Night defamed Wrecker 1 by imputing prior regulatory violations | Statements were truthful or opinion: Silent Night’s PSC permit was revoked (public record) and owners are related; defendants did not state a false legal identity | Summary judgment for defendants — statements true or non-actionable opinion |
| Statements accusing Wrecker 1 of overcharging | Alleged that defendants’ accusations of overcharging were false and defamatory | County findings established overcharging; accusations were true or supported by evidence | Summary judgment for defendants — plaintiffs failed to show falsity |
Key Cases Cited
- Metro Atlanta Task Force for the Homeless, Inc. v. Ichthus Community Trust, 298 Ga. 221 (de novo review on summary judgment)
- Giles v. Swimmer, 290 Ga. 650 (summary judgment standard quoted)
- Chaney v. Harrison & Lynam, LLC, 308 Ga. App. 808 (elements of tortious interference)
- Cottrell v. Smith, 299 Ga. 517 (opinion vs. fact in defamation law)
- Gast v. Brittain, 277 Ga. 340 (opinions about immorality are non-actionable)