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Remedies Keyed to Kovacic-Fleischer, 8th
Hayes v. Smith
Citation:
832 P.2d 1022 (1991)Facts
Kathleen Hayes and defendants Roger and Samantha Smith were active participants in a conservative Christian community. Hayes, a high school teacher, lecturer, and writer, jointly created a corporation with Samantha Smith to further business ideas related to their common religious outlook. Over time, their relationship deteriorated, resulting in harassment and verbal accusations. In May 1986, the defendants met with Hayes’s school superintendent ostensibly to obtain help in stopping Hayes from harassing them. During this meeting, defendants allegedly stated that Hayes had tried to establish a homosexual relationship with Samantha Smith, had proposed marriage to her, and had previously been discharged from a teaching position. Hayes filed a defamation action based primarily on these statements. The trial court determined Hayes was a public official and instructed the jury that the statements were slanderous per se. The jury returned a verdict awarding Hayes $1,000 in actual damages and $26,000 in special damages.
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