Kelley v. Tanoos

OPINION ON REHEARING

ROBB, Judge.

Daniel Tanoos was sued by Paul Kelley for defamation and the trial court granted summary judgment in his favor. On appeal, we held that the trial court erred in granting summary judgment for Tanoos because a genuine issue of material fact existed as to whether Tanoos made his statements with malice and whether Kelley had been damaged. Kelley v. Tanoos, Cause No. 84A01-0410-CV-461, 840 N.E.2d 342 (Ind.Ct.App., Aug. 18, 2005). In holding there was a genuine issue of material fact regarding Kelley's damages, we relied upon the presumption of damages for defamation…