Gomba v. McLaughlin

Certiorari was granted in this case to review the decision of the Court of Appeals, 30 Colo. App. 315, 493 P.2d 684, affirming the granting of respondent McLaughlin’s motion for a summary judgment by the trial court in a libel action brought against Gomba, the petitioner here. We disagree and therefore reverse.

I

The central issue is whether there was a genuine issue of fact which should have been resolved by the jury. R.C.P. Colo. 56(c). Gomba, defendant in the trial court, admitted writing and publishing the letter which contained the statement found by the trial court to be libelous per se.…