Zsigray v. Langman (Signed Opinion)
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The Supreme Court affirmed the order of the circuit court granting summary judgment in favor of Cindy Langman on John Zsigray's claims for outrage and intentional infliction of emotional stress and reversed the order granting Langman's motion to dismiss the defamation claim regarding statements she made to a law enforcement officer, holding that Zsigray's complaint included sufficient allegations to withstand a motion to dismiss on this portion of the defamation claim.
After a law enforcement officer's investigation into an incident at McDonald's Zsigray was charged with criminal harassment. Following a jury trial at which Langman testified Zsigray was found not guilty. Zsigray later filed a complaint against Langman, alleging, inter alia, defamation. The defamation claim was based on Langman's statements to the officer and her testimony. The circuit court granted Langman's motion to dismiss. The Supreme Court affirmed in part and reversed in part, holding that the circuit court (1) properly ruled that Langman's testimony during the magistrate court trial judge was entitled to absolute immunity from Zsigray's defamation claim; (2) erred in ruling that Langman's statements to the officer were also absolutely privileged; and (3) did not err by granting Langman's motion for summary judgment on the outrage and intentional infliction of emotional distress claims.
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