Ducosin v. Mott

Plaintiff filed a petition for review alleging, among other things, that we failed to consider the fact that defendant’s defamatory statements about plaintiff to the county medical examiner were overheard by defendant’s friend, Matilda Zachary, and that this constituted a publication that is not absolutely privileged as we have held defendant’s statements to the medical examiner to be. We do not agree with plaintiff’s version of the facts.

Defendant testified on deposition that he had called the medical examiner on the phone and that Zachary had overheard the conversation in which he had…