W.J.A. v. D.A.

The opinion of the court was delivered by

SAPP-PETERSON, J.A.D.

In this appeal from the grant of summary judgment dismissing plaintiffs defamation action, we determine whether Internet postings that accuse one of engaging in sexual misconduct are the type of defamatory statements for which damages may be presumed and therefore do not require the aggrieved party to prove actual harm to reputation. The motion judge concluded that although the Internet posting was defamatory per se, the statements were akin to libel rather than slander, and as such, plaintiff was required to prove actual injury to…