Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kovarik v. Downey

June 4, 2010

JAROMIR KOVARIK, PLAINTIFF
v.
JOSEPH DOWNEY, DEFENDANT



The opinion of the court was delivered by: Judge Conner

MEMORANDUM

Plaintiff Jaromir Kovarik ("Kovarik") brings this diversity action sounding in defamation, accusing defendant Joseph Downey ("Downey") of uttering false and derogatory statements in violation of Pennsylvania state law. In addition, Kovarik seeks to enforce a judgment for money damages issued by a magisterial district court in Palmyra, Pennsylvania. Presently before the court is Downey's motion to dismiss the complaint for failure to state a claim upon which relief may be granted. (See Doc. 5.) For the reasons that follow, the motion will be denied.

I. Statement of Facts*fn1

The allegations contained in the complaint date back to October 11, 2008,

when Kovarik purchased a 2004 Subaru Outback from Downey's business, Downey Auto Repair, located in Pawling, New York. (Doc. 1 ¶¶ 5, 8.) After the purchase was complete, Kovarik allegedly discovered defects to the automobile's frame and demanded that Downey refund the costs of repair. (Id. ¶ 9-10.) Downey refused, prompting Kovarik to file a complaint in the magisterial district court in Palmyra, Pennsylvania. (Id. ¶ 10.)

A hearing on the dispute commenced on April 7, 2009. (Id. ¶ 11.) Kovarik was represented at this proceeding by Jennifer Wentzel, Esquire ("Attorney Wentzel"), while Downey appeared pro se. (See id. ¶¶ 13-14.) During his argument to the court, Downey asserted, inter alia, that Kovarik caused the damage to the vehicle himself. (Id. ¶ 14.) The court rejected these contentions, entered judgment in Kovarik's favor, and ordered Downey liable for the sum of $6,339.50. (See id. ¶ 34.) At the conclusion of the proceeding-and after the parties had vacated the courtroom-Downey approached Attorney Wentzel and accused Kovarik of both damaging the vehicle and lying to the court. (Id. ¶ 17.) Kovarik later requested that Downey retract his allegations, but Downey refused. (Id. ¶ 18.)

Kovarik commenced the instant suit by filing a complaint on August 26, 2009. (Doc. 1.) He alleges that Downey committed slander per se and requests special damages and a permanent injunction prohibiting Downey from levying accusatory statements regarding the underlying automobile dispute. Additionally, Kovarik requests that the court enforce the money judgment entered on April 7, 2009 by the magisterial district judge. On September 22, 2009, Downey filed a motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (See Doc. 5.) The motion has been fully briefed and is ripe for disposition.

II. Standard of Review

Rule 12(b)(6) of the Federal Rules of Civil Procedure provides for the dismissal of complaints that fail to state a claim upon which relief can be granted. FED. R. CIV. P. 12(b)(6). When ruling on a motion to dismiss under Rule 12(b)(6), the court must "accept all factual allegations as true, construe the complaint in the light most favorable to the plaintiff, and determine whether, under any reasonable reading of the complaint, the plaintiff may be entitled to relief." Gelman v. State Farm Mut. Auto. Ins. Co., 583 F.3d 187, 190 (3d Cir. 2009) (quoting Phillips v. County of Allegheny, 515 F.3d 224, 233 (3d Cir. 2008)); see also Kanter v. Barella, 489 F.3d 170, 177 (3d Cir. 2007) (quoting Evancho v. Fisher, 423 F.3d 347, 350 (3d Cir. 2005)). Although the court is generally limited in its review to the facts contained in the complaint, it "may also consider matters of public record, orders, exhibits attached to the complaint and items appearing in the record of the case." Oshiver v. Levin, Fishbein, Sedran & Berman, 38 F.3d 1380, 1384 n.2 (3d Cir. 1994); see also In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1426 (3d Cir. 1997).

Federal notice and pleading rules require the complaint to provide "the defendant notice of what the... claim is and the grounds upon which it rests." Phillips, 515 F.3d at 232 (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). To test the sufficiency of the complaint in the face of a Rule 12(b)(6) motion, the court must conduct a two-step inquiry. In the first step, the factual and legal elements of a claim should be separated; well-pleaded facts must be accepted as true, while mere legal conclusions may be disregarded. Fowler v. UPMC Shadyside, 578 F.3d 203, 210-11 (3d Cir. 2009). Once the well-pleaded factual allegations have been isolated, the court must determine whether they are sufficient to show a "plausible claim for relief." Ashcroft v. Iqbal, --- U.S. ---, 129 S.Ct. 1937, 1950 (2009) (citing Twombly, 550 U.S. at 556); Twombly, 550 U.S. at 555 (requiring plaintiffs to allege facts sufficient to "raise a right to relief above the speculative level"). A claim "has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, --- U.S. at ---, 129 S.Ct. at 1949. When the complaint fails to establish defendant liability, however, courts should generally grant plaintiffs leave to amend their claims before dismissing a complaint that is merely deficient. See Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002); Shane v. Fauver, 213 F.3d 113, 116-17 (3d Cir. 2000).

III. Discussion

In the present motion, Downey moves to dismiss Kovarik's cause of action for slander per se for failure to state a claim. Downey also seeks dismissal of Kovarik's demand for a permanent injunction and his request to enforce the state-court money judgment. The court will address each of these matters seriatim.

A. Slander*fn2

"Defamation, of which libel, slander, and invasion of privacy are methods, is the tort of detracting from a person's reputation, or injuring a person's character, fame, or reputation, by false and malicious statements." Joseph v. Scranton Times L.P., 959 A.2d 322, 334 (Pa. Super. Ct. 2008); see also Morrison v. Nat'l Broad. Co., 227 N.E.2d 572, 574 (N.Y. Ct. App. 1967). A slanderous communication is a spoken or transitory form of defamation "intended to lower the view of the target of the communication in the community or... to deter third persons from associating with the target." Reardon v. Allegheny Coll., 926 A.2d 477, 484 (Pa. Super. Ct. 2007); see also Idema v. Wager, 120 F. Supp. 2d 361, 365 (S.D.N.Y. 2000). To establish a prima facie claim of slander, a plaintiff must establish: (1) the defamatory character of the communication; (2) its publication by the defendant; (3) its application to the plaintiff; (4) the understanding by the recipient of its defamatory meaning; (5) the understanding by the recipient of it as intended to be applied to the plaintiff; (6) special harm resulting to the plaintiff from its publication; and (7) abuse of a conditionally privileged occasion. 42 PA. CONS. STAT. § 8343; see also Weldy v. Piedmont Airlines, Inc., 985 F.2d 57, 61-62 (2d Cir. 1993). However, if the communication in question "ascribes to another conduct, character, or a condition that would adversely affect his fitness for the proper conduct of his business, trade, or profession, [then it] is defamatory per se" and special harm need not be proved. Pelagatti v. Cohen, 536 A.2d 1337, 1345 (Pa. Super. Ct. 1987); see also Liberman v. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.