Fish v. Dockter, 2003 ND 185

Summary

The Supreme Court of North Dakota affirmed summary judgment dismissing Gerald D. Fish’s slander action against Neil E. Dockter. The court held that Dockter’s statements to Fish’s employer were protected by a qualified privilege that was not abused, and that his testimony during federal administrative proceedings was absolutely privileged. The court also rejected Fish’s claim that he was denied a full and fair hearing on the summary judgment motions.

Holdings

1. Dockter's report to his employer was a qualifiedly privileged communication, and Fish failed to present specific evidence of actual malice or abuse of the privilege. Summary judgment was therefore proper on that portion of the claim.
2. Statements made by Dockter while testifying during the federal administrative hearing were entitled to an absolute privilege under N.D.C.C. § 14-02-05(2).
3. Fish received a full and fair hearing because the court accepted and considered timely pleadings and affidavits and was not required to permit testimony or cross-examination at the summary judgment hearing.

Questions Presented

1. Whether summary judgment was proper on Fish's slander claim based on Dockter's report to Fish's employer concerning the condition of Fish's truck.
2. Whether statements made by Dockter while testifying in federal administrative proceedings were absolutely privileged.
3. Whether Fish was denied a full and fair hearing on the parties' cross-motions for summary judgment because he could not cross-examine Dockter at the motion hearing.

Disposition

affirmed