Rouch v. Enquirer & News

Although I agree essentially with the opinion of the majority, I write separately to make the following observations.

I concur in the result reached by the majority *272that this Court has a constitutional duty to independently evaluate the evidence in defamation cases and that, in this case, plaintiff failed to establish material falsity. I also agree with the majority that the decision of the Court of Appeals must be vacated. However, as a threshold matter, I suggest that plaintiff’s failure to allege and identify in his pleading, supplemental pleading, and answers to defendant’s…