Edward LaMon, Petitioners v. Betty Butler, Respondents

Summary

The court affirmed summary judgment dismissing the LaMons' defamation action because they failed to present specific evidence establishing that the newspaper and reporter acted negligently. It held that the fault issue was properly before the appellate court even though the trial court had not expressly addressed it, and that co-plaintiffs collectively may file only one affidavit of prejudice under the governing statute. Justice Utter, dissenting, would have rejected the media/nonmedia distinction in the evidentiary standard and remanded for trial because he found sufficient evidence of negligence.