Torts keyed to Best
Agriss v. Roadway Express, Inc.
Facts
William Agriss (Plaintiff), a truck driver and union steward, sued his employer Roadway Express (Defendant) for defamation after a warning letter from the company alleged that Plaintiff opened company mail in violation of company policy. Almost a year after the letter was sent out, Plaintiff received questions and comments from employees and union officials. Plaintiff claimed the allegations were false. However, word spread throughout the company. As a result, Plaintiff’s general character of integrity and honesty was questioned. The letter that accused Plaintiff of opening company mail was also sent out to three managers and to a union representative. At trial, Plaintiff claimed that he was not aware of the company sending out warnings for opening company mail. He also claimed that the accusation was more meaningful to company employees than a regular individual because it tarnished his character and reputation. The trial court did not find the charge of opening company mail as defamatory on its face; thus, it did not warrant imposing liability for libel per se. The trial court required Plaintiff to allege special damages with specificity. After Plaintiff failed to prove special damages, the trial court dismissed the complaint. Subsequently, Plaintiff appealed.
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