Bryan C. Fagan, M.D. v. Judy Faulkner

Summary

The Mississippi Supreme Court held that Dr. Fagan's vulgar insult directed at Faulkner was nonactionable name-calling rather than slander per se because it did not, by its words or competent contextual evidence, impute a lack of professional ability. The Court further held that any evidence of dissatisfaction with Faulkner's performance on one particular day did not establish a general disparagement of her professional capacity, and that counsel's questions and Fagan's failure to remember an alleged statement were not evidence that the statement was made. The Court affirmed the Court of Appeals and reversed and rendered the lower-court judgments.