Wertz v. Allen
313 Ga. App. 202
Ga. Ct. App.2011Background
- Appellant Erik Wertz sued Appellee Lashonda Bonner Allen for defamation and fraud after MSC disciplinary actions and expulsion based on a letter Wertz submitted at a hearing.
- Wertz, a respiratory therapy student at Macon State College (MSC), externed at Georgia Medical Center in 2006, under the supervision of an MSC preceptor, Allen at times.
- On March 30, 2006, Wertz allegedly told Allen of an interview at Coliseum; Wertz clocked 6:23 a.m. to 6:21 p.m. that day for an 11.967-hour shift.
- An MSC professor later learned Wertz appeared at Coliseum during his shift, triggering investigation and disciplinary charges against Wertz for harassing behavior toward a professor.
- Wertz prepared an unsigned letter for Allen to sign attesting Wertz’s conduct; Allen refused to sign but Wertz later presented a signed version at the disciplinary hearing.
- After an April 20, 2006 meeting, MSC officials learned Allen did not sign Wertz’s letter; Wertz was suspended and later expelled, with an appeal process failing to overturn those outcomes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Allen’s statements were protected by privilege | Wertz argues statements were defamatory and not privileged. | Allen contends statements were conditionally privileged under OCGA §§ 51-5-7, 51-5-8. | Conditional privilege applied; no malice shown |
| Whether the defamation elements were proven | Wertz contends all elements, including publication and falsity, were shown. | Allen argues privileged statements and absence of malice defeat defamation claim. | Summary judgment proper on defamation due to privilege and lack of malice |
| Whether Wertz presented a triable fraud claim | Wertz asserts Allen’s call implied support and falsity due to signature debate. | Allen asserts no false representation was made. | No evidence of a false representation; fraud claim failed |
Key Cases Cited
- Eason v. Marine Terminals Corp., 309 Ga. App. 669 (Ga. Ct. App. 2011) (defamation elements and summary judgment standards)
- Campbell v. The Landings Assn., 289 Ga. 617 (Ga. 2011) (de novo review on appeal of summary judgment)
- Saye v. Deloitte & Touche, LLP, 295 Ga. App. 128 (Ga. Ct. App. 2009) (conditional privilege malice standard)
- Dominy v. Shumpert, 235 Ga. App. 500 (Ga. Ct. App. 1998) (elements of conditional privilege; burden on plaintiff to show malice)
- Meyer v. Ledford, 170 Ga. App. 245 (Ga. Ct. App. 1984) (conditional privilege in official investigations governing statements)
- Johnson v. Rodier, 242 Ga. App. 496 (Ga. Ct. App. 2000) (summary judgment standards for defamation and fraud claims)