Hayes v. Smith
Colorado Court of Appeals
832 P.2d 1022 (1991)
- Written by Tammy Boggs, JD
Facts
Kathleen Hayes (plaintiff) and Roger and Samantha Smith (defendants) lived in a conservative Christian community. Hayes was a writer and also employed as a schoolteacher. Hayes and Samantha created a joint business venture related to their shared religious views, but they had a falling out. The Smiths met with the superintendent of the school where Hayes was employed, apparently to get the superintendent’s help to stop Hayes from harassing them. During the meeting, the Smiths indicated that Hayes was homosexual, stating that Hayes had tried to engage in a homosexual relationship with Samantha and had proposed marriage to Samantha. Hayes claimed that the statements were false and sued the Smiths for defamation. A jury trial proceeded. The trial court determined that the statements in question were slanderous per se and so instructed the jury. The court also found, without objection, that Hayes was a public figure. The jury returned a verdict for Hayes, awarding her $1,000 in actual damages and $26,000 in special damages. The Smiths appealed, arguing that the court erred in categorizing the statements as slander per se.
Rule of Law
Issue
Holding and Reasoning (Dubofsky, J.)
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