Browse Caselaw

Roger Boatright, mayor of Alma, Georgia, sued Max Gardner, owner and publisher, and Freddy Gardner, editor of the Alma Times-Statesman, for libel in connection with the publication of certain letters on the editorial page concerning Boatright's sister-in-law's use of credit cards issued to Boatright and suggesting Boatright's involvement in "illegal practices." We granted Max Gardner's application for interlocutory appeal of the trial court's denial of his motion for summary judgment.

In support of his motion for summary judgment, Gardner submitted his own affidavit testimony that as owner of the Alma Times-Statesman, he had no prior knowledge of the letters at issue and bore no malice toward Boatright. He averred further that the letters were published in good faith and in accordance with the editorial policy of the newspaper to print signed letters. In response to such a showing, Boatright presented no clear and convincing evidence of actual malice, i.e., reckless disregard for the truth or publication of a known falsehood, on the part of the editor Freddy Gardner or the publisher Max Gardner. Contrary to Boatright's position that Freddy Gardner's revised editorial policy requiring telephone numbers on letters to the editor to facilitate verification, and his editorial comment that "Mayor Boatright has not been accused of any wrongdoing" create a triable issue, we do not find that such evidence meets the requisite clear and convincing standard. Under the " 'doctrine of respondeat superior, the employer becomes liable . . . because the employee's [conduct is] imputed to him as a matter of law. . . .' [Cit.]" Harris v. Hanna Creative Enterprises, 208 Ga. App. 549, 550 (430 SE2d 846) (1993). It follows that Max Gardner as owner of the newspaper is entitled to judgment as a matter of law on the derivative claim against him where Boatright has not produced clear and convincing evidence of actual malice on the part of Freddy Gardner as editor of the Alma Times-Statesman.