On August 21, 2014 a
Motion,Ex Parte
was filed
involving a dispute between
Sylvia, Lori,
and
Sylvia, Paul,
Town Of Acushnet Ma Treasurer,
for Contract / Business Cases
in the District Court of Bristol County.
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HU
BRISTOL, SS. COMMONWEALTH OF MASSACHUSETTS.
SUPERIOR COURT
Docket number 1473 CV 880
SR Te OURT
LORI SYLVIA
v. hg
TOWN OF ACUSHNET TREASURER
and PAUL SYLVIA
ORDER ON DEFENDANT PAUL SYLVIA’S MOTION TO DISMISS (pleading number 5)
At hearing on the above-referenced motion it was confirmed by counsel for the plaintiff that
count I is only intended to assert a claim under the whistleblower statute against the Town of
Acushnet and that no relief is sought against the defendant Sylvia in such count.
After review of the complaint . The court concludes that Count II fails to plead a defamation
claim against Sylvia with sufficient specificity. The motion to dismiss Count I is therefore
ALLOWED WITHOUT PREJUDICE to file an amended complaint on or before February 9,
2015.
Such complaint shall state with specificity as precisely as possible :
1) when any alleged defamatory statements were made, and by whom.
2) the identity of persons or entities to whom said statements were published by the defendant
and the manner in which they were published
3) as precisely as possible the contents of each of the above referenced defamatory statements
and whether said statements were oral or in writing.
The plaintiff is reminded that a cause of action for defamation requires that the plaintiff assert
and establish that the defendant (a) new the statement was false; or
(b) acted in reckless disregard as to whether the statement was true of false; or
(c) acted negligently in failing to ascertain whether the statement is true or false before
publishing it.
The Complaint must further assert that the defamatory statement either caused the plaintiff
economic loss or must assert facts demonstrating that it was the type of statement that is
actionable without proof of economic loss. See Ravnikar v.Bogojaviensky 438 Mass 627, 630
. Tyre
Dated: January 8, 2015 iL ft Yew
~ Richard T Moses.
Justice Superior Court
Document Filed Date
January 08, 2015
Case Filing Date
August 21, 2014
Category
Contract / Business Cases
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HU BRISTOL, SS. COMMONWEALTH OF MASSACHUSETTS. SUPERIOR COURT Docket number 1473 CV 880 SR Te OURT LORI SYLVIA v. hg TOWN OF ACUSHNET TREASURER and PAUL SYLVIA ORDER ON DEFENDANT PAUL SYLVIA’S MOTION TO DISMISS (pleading number 5) At hearing on the above-referenced motion it was confirmed by counsel for the plaintiff that count I is only intended to assert a claim under the whistleblower statute against the Town of Acushnet and that no relief is sought against the defendant Sylvia in such count. After review of the complaint . The court concludes that Count II fails to plead a defamation claim against Sylvia with sufficient specificity. The motion to dismiss Count I is therefore ALLOWED WITHOUT PREJUDICE to file an amended complaint on or before February 9, 2015. Such complaint shall state with specificity as precisely as possible : 1) when any alleged defamatory statements were made, and by whom. 2) the identity of persons or entities to whom said statements were published by the defendant and the manner in which they were published 3) as precisely as possible the contents of each of the above referenced defamatory statements and whether said statements were oral or in writing. The plaintiff is reminded that a cause of action for defamation requires that the plaintiff assert and establish that the defendant (a) new the statement was false; or (b) acted in reckless disregard as to whether the statement was true of false; or (c) acted negligently in failing to ascertain whether the statement is true or false before publishing it. The Complaint must further assert that the defamatory statement either caused the plaintiff economic loss or must assert facts demonstrating that it was the type of statement that is actionable without proof of economic loss. See Ravnikar v.Bogojaviensky 438 Mass 627, 630 . Tyre Dated: January 8, 2015 iL ft Yew ~ Richard T Moses. Justice Superior Court