A Case Study of Defamation in the Mary G. Decker v. The Princeton Packet, Inc. Supreme Court of New Jersey (1989) Essay

Mary G. Decker v. The Princeton Packet, Inc.Supreme Court of New Jersey (1989)FACTS On February 15th, 1985, The Princeton Packet published a paper containing an obituary for Marcy G. Decker. Decker was not deceased, however, and the newspaper was informed of this two days later. The paper published a retraction. Decker filed a complaint for libel, negligent and intentional infliction of emotional distress, and gross negligence. The Packet filed a motion for summary judgement. Decker claimed that she was under extreme emotional distress at the time, which was amplified by the false obituary. She was also in a legal and custody battle with her husband (which he tried to use in the custody dispute), and attempted suicide twice prior. Decker claims that the false obituary contributed to her job loss. Mr. Willever, an editor at The Packet, said that it was The Packets normal procedure to verify information. Mr. Chimenti, the executive editor, testified that he gave permission for the publication. Gloria Halpern, who normally handled obituaries, was on vacation, and testified that there was no formal policy on verifying obituaries. The trial entered summary judgement. ISSUE Is a newspaper publishing a false obituary considered defamation? OUTCOME No. The court entered summary judgement and determined that the publication of a false obituary alone is not defamatory, and the court could not support and claims of libel. The plaintiffs appealed, and the appellate court rejected their claims and upheld the decision.REASONING The court stated that the publication of a false obituary is not reason enough for a defamation claim unless the obituary has additional material that is also defamatory. In Estill v Hearst Publishing Co., the plaintiffs death was falsely reported, in addition to information about association with an outlaw described as evil. The defendants cited Herrmann v Newark Morning Ledger Co. when determining if something is defamatory, it must be able to be read as defamatory to someone with ordinary intelligence. With the lack...

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