Sullivan v. Baptist Memorial Hospital

OPINION

ANDERSON, C.J.

We granted the appeal in this defamation case to determine whether the element of pubhcation is satisfied when an employee is compelled to disclose to a prospective employer the reason given for termination by a former employer. The trial granted summary judgment to defendants, concluding that the plaintiff self-published statements failed to satisfy the pubhcation element of defamation. The Court of Appeals reversed, adopting the minority view that self-publication satisfies the pubhcation element when 1) the defendant can reasonably foresee that the plaintiff will be…