Hancock v. Variyam (Opinion)
Annotate this CaseIn a letter sent to colleagues and others, Defendant, a physician, accused a fellow physician, Plaintiff, of lacking veracity and speaking in half truths. The trial court granted a directed verdict that the letter was defamatory per se. A jury awarded Plaintiff $90,000 in actual damages for mental anguish and loss of reputation and $85,000 in exemplary damages. The court of appeals affirmed the damages award. The Supreme Court reversed, rendering judgment that Plaintiff taking nothing, where (1) the statements did not defame the physician per se, and thus, the Court could not presume damages for mental anguish and loss of reputation, and consequently, Plaintiff was required to prove actual damages; (2) there was no evidence of mental anguish that rose to the level of a substantial disruption in daily routine or a high degree of mental pain and distress; (3) there was no evidence of loss of reputation because there was no indication that any recipient of the defamatory letter believed in its statements; and (4) because Plaintiff did not establish actual damages, he could not recover exemplary damages.
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