Forrester v. WVTM TV, INC.

I dissent. I believe Forrester's submission in opposition to the station's motion for summary judgment presented substantial evidence creating material questions of fact on all the elements of a defamation action against a media defendant by a private-figure plaintiff: (1) publication (2) of a false and defamatory statement (3) concerning the plaintiff (4) in negligent breach of the professional standard of care (5) that resulted in demonstrable injury.

The first element, publication, is not disputed. The majority focuses only on the second element. It holds that the evidence submitted by the…