Martinucci v. S. Cal. Permanente Med. Group (Summary)

DEFAMATION

Martinucci v. S. Cal. Permanente Med. Group, B215453 (Cal. Ct. App. Mar. 23, 2011)

A California Appeals Court reversed the lower court’s order which denied the defendant medical group’s motion for judgment notwithstanding the jury verdict on a terminated physician’s defamation claim.

After developing a number of protocols for the radiology department, the physician began to write up technologists who failed to follow the protocols. The technologists, allegedly in retaliation, then accused the physician of sexual harassment and of using racist comments. These complaints were later used to justify the physician’s forced resignation.

The physician sued, for among other things, defamation and was awarded over $10 million at trial. The medical group and its parent corporation sought to have a judgment entered in favor of it, despite the jury’s findings, but its motion was denied as to the defamation claim. On appeal, the court determined that the lower court erred in denying defendant’s motion for judgment notwithstanding the verdict on the defamation claim, finding that while the accusations of racist comments and sexual harassment could be defamatory, the physician failed to show special damages as would be required for him to prevail.