Sparagon v. Native American Publishers, Inc.

[¶ 62] I agree with the majority opinion that failure to demand a retraction under SDCL 20-11-7 precludes a claim for punitive damages.1 But this was not a proper de*137mand for retraction because the aggrieved party must “[specify] particularly the statement or statements claimed to be false and defamatory.” Here, Dr. Sparagon, the aggrieved party, did not specify particularly the false statement. The false statement was that Dr. Sparagon was Lee’s physician, and he was not. Therefore, Dr. Sparagon merely needed to inform defendant that he was not Lee’s treating physician but he did not. Dr.…