Marilyn v Smitty
Can Marilyn assert a defamation claim against Smitty?
Defamation
Defamation is a false defamatory statement intentionally or negligently published to a third party which is understood as defamatory by that this party causing damages to plaintiff’s reputations.
Marilyn will assert that Smitty’s reported statements that she endorsed the gym and consented to them using her photo, after he digitally altered her photo were false, would tend to lower her reputation in the athletic community and cost her a scholarship, making it defamatory in nature.
Smittys statements that Marilyn endorsed the gym were made to Jakes gym along with a digitally altered photo of her wearing their shirt were, an intentional publication to a third person.
Smittys reporting that Marilyn endorsed the gym
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Marilyn v Smitty & The Tabloid
Can Marilyn assert a defamation claim against Smitty, and or The Tabloid and will she be successful?
Defamation
Defamation is a false defamatory statement intentionally or negligently published to a third party which is understood as defamatory by that this party causing damages to plaintiff’s reputations.
Marilyn will assert that Smitty reporting that she was having a sexual relationship with her coach, along with nude photos, and the publishing of those statements were false and would tend to lower her reputation in the athletic community, her college, and cause damage to her marriage, making it defamatory in nature.
Smittys statements were made to The Tabloid. The tabloid contacted Marilyn to inquire as to the allegations, which Marilyn denied and the Tabloid ran the story anyway, thus an intentional publication to a third person.
The tabloids reporting of the story that Marilyn was having a sexual relationship with her coach, was believed by her husband, instigating mistrust and filed for divorce, which demonstrates that the story was reasonably perceived by Marilyn husband as a statement of