Spoehr v. Mittelstadt

The issue presented is: Was the alleged defamatory statement privileged so as to make the appellant immune from a slander action for damages?

For the purpose of the motion for summary judgment, the parties agree that the statement as alleged in the complaint was made by the appellant, Mittelstadt; that the statement is not true; that the statement would not have been proper at the trial of the action; and that the pretrial conference was a judicial proceeding.

Counsel for the appellant urge that this court adopt the English rule which holds that otherwise slanderous or libelous statements made…