Zoeller v. American Family Mutual Insurance

Davis, J.:

Dr. Ronald J. Zoeller appeals from summary judgment entered for American Family Insurance Company in this defamation case. The trial court ruled as a matter of law that in Kansas, a defamation action may not be supported by presumed damages but requires proof of actual damages. We affirm.

Plaintiff is a chiropractor. When the wife of one of his patients called American Family Insurance Company to inquire about payment of her husband’s bill for services rendered by Dr. Zoeller, an adjustor for the company allegedly told her that chiropractors are “quacks” and in regard to Dr.…