Legal Opinion
Lloyd v. Community Hospital of Andalusia, Inc.
Supreme Court of Alabama
Decided October 22, 1982No. 81-921PublishedCited by 5 opinions
1Opinion of the Court
Plaintiff appeals from an order granting the Defendants' motion to dismiss. Plaintiff's complaint, as amended, alleges defamation for publication of the following statement:
"An Andalusia man died late Saturday night from wounds he received when a lone gunman burst into his home and opened fire with a shotgun."
We affirm.
Admittedly, under our liberal "any discernable circumstances" rule for testing the propriety of an order granting or denying a motion to dismiss (Carter v. Calhoun County Board ofEducation, 345 So.2d 1351 (Ala. 1977)), this is a close case. Ordinarily, the statement of almost…
2Cases cited5 opinions
- Carter v. Calhoun County Bd. of Ed.Supreme Court of Alabama · 1977
- Martin v. Fidelity & Cas. Co. of New YorkSupreme Court of Alabama · 1982
- Sutton v. Eastern Viavi Co.Court of Appeals for the Seventh Circuit · 1943
- Eli E. Albert, Inc. v. Dun & Bradstreet, Inc.District Court, S.D. New York · 1950
- Thurston v. Setab Computer InstituteDistrict Court, S.D. New York · 1969
3Cited by5 opinions
- Harris v. City of MontgomerySupreme Court of Alabama · 1983
- Martin v. Fidelity & Cas. Co. of New YorkSupreme Court of Alabama · 1982
- Duran v. BucknerCourt of Civil Appeals of Alabama · 2014
- Day v. AmSouth Bank, N.A.Supreme Court of Alabama · 1985
- Harris v. City of MontgomerySupreme Court of Alabama · 1983