Farmer v. Hersh
Tennessee Court of Appeals
2007 WL 2264435 (2007)
- Written by Steven Pacht, JD
Facts
David Hersh (defendant) was the president and majority owner of Professional Sports and Entertainment Association of Tennessee, LP (PSET), which owned a minor-league baseball team in Jackson, Tennessee. Charles Farmer (plaintiff) was the mayor of Jackson. Pursuant to a contract between PSET and Jackson, the city had the option to buy the team under certain circumstances. When negotiations for the sale of the team to Jackson failed, the city and Farmer (in his capacity as mayor) sued Hersh and PSET in Tennessee chancery court; Hersh and PSET responded with claims of their own. Farmer subsequently sued Hersh, alleging Hersh defamed him by telling the media and others that he was trying to steal the team. Specifically, Farmer alleged that (1) such statement was false, (2) Hersh knew or should have known the statement was false, and (3) Hersh intended to harm Farmer’s reputation. The trial court granted summary judgment to Hersh on the basis that, among other things, his alleged statement was not defamatory because it was an obvious exaggeration. Farmer appealed.
Rule of Law
Issue
Holding and Reasoning (Kirby, J.)
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