Moser v. HeffingtonAnnotate this Case
In this defamation action, the Court of Appeals reversed the judgment of the court of special appeals reversing the trial court's judgment granting judgment at the end of Plaintiff's case in favor of Defendants, holding that the trial court did not abuse its discretion in concluding that a plaintiff in a defamation action, who is also the defendant in a related criminal case, is not entitled to a stay of the civil lawsuit she initiated pending resolution of the criminal case.
Plaintiff filed a defamation complaint against Defendants alleging defamation, alleging that Defendants made false statement to the police that Plaintiff stole money from them and committed identity fraud. Plaintiff was later indicted for the same events underlying the defamation action. Plaintiff moved to stay the civil action, asserting that Plaintiff's testimony in the civil action would implicate her constitutional right against self-incrimination in her criminal case. The circuit court denied the motion and later granted judgment for Defendants on all counts. The court of special appeals vacated the judgment, holding that the circuit court abused its discretion in denying Plaintiff's motion to stay the proceedings. The Court of Appeals reversed, holding that the circuit court's decision to deny the stay was not an abuse of discretion.