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Torts Keyed to Henderson
Smith v. Atkins
Facts
Professor Curklin Atkins (Defendant) called Theresa Smith (Plaintiff), one of his law students, a slut during class. News of the incident spread quickly around the school. As a result of this, Plaintiff became depressed and began to withdraw from the other students. Plaintiff sued Defendant for defamation. At trial, some students testified that they stopped hanging around Plaintiff for fear of being associated with her and becoming the target of jokes. One student testified that the incident “would cause him not to offer Theresa a partnership or a job if he were in a position to do so, because he could not afford to have someone of questionable character affiliated with him professionally.” Another student testified that he had not previously thought that Plaintiff was a slut, but that Defendant’s stature as a professor made him rethink his opinion of Plaintiff. The trial court found Defendant guilty and awarded Plaintiff $1,500 in damages. Plaintiff appealed, arguing that the damages amount was too low.
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