Gregory Lattimer v. Eric Babcock

Summary

The Fifth District Court of Appeal of Florida reverses a summary judgment entered for Eric Babcock in Gregory Lattimer’s defamation action. The court holds that disputed factual issues remained concerning whether Babcock negligently relied on unverified hearsay when making alleged defamatory statements about Lattimer at a homeowners’ association meeting, and remands for further proceedings.

Holdings

1. Summary judgment for Babcock was improper because disputed issues of material fact and jury questions existed concerning whether Babcock made the statements and whether his reliance on allegedly relayed information was reasonable.
2. A defamation plaintiff who is a private person may establish the requisite fault by showing that the defendant acted negligently, meaning the defendant published the allegedly defamatory statements without exercising reasonable care to determine whether they were true or false.
3. On review of summary judgment, the appellate court must consider the record evidence and reasonable factual inferences in the light most favorable to the nonmoving party and resolve reasonable doubts in that party's favor.

Questions Presented

1. Whether summary judgment was proper on Lattimer's defamation claim when disputed evidence existed concerning whether Babcock made the statements and whether he negligently relied on unverified hearsay.
2. Whether a reasonable jury could find that Babcock failed to exercise reasonable care to determine whether the allegedly defamatory statements were true or false.

Disposition

reversed_and_remanded