Case Details
- Judge(s)
- Freeman
- Status
- Published
- Procedural Posture
- summary judgment
Related Laws
No specific laws identified for this ruling.
Outcome
Court of Appeals decision affirmed summary judgment in favor of defendants on slander per se claim, holding that the reporting of suspected child abuse to Department of Social Services was protected by statutory immunity and presumption of good faith under North Carolina law.
Excerpt
<bold>Libel and Slander — Report of suspected child abuse — presumption of good</bold> <bold>faith — actual malice</bold> <block_quote> Although plaintiff-customer contends defendant-salesperson reported plaintiff's behavior of suspected child abuse or neglect to the Department of Social Services based on retaliatory motives, the Court of Appeals erred in reversing summary judgment in favor of defendants on the slander per se claim because: (1) N.C.G.S. § 7A-543 (now N.C.G.S. § <cross_reference>7B-301</cross_reference>) imposes an affirmative duty for anyone with cause to suspect child abuse or neglect to report that conduct; (2) N.C.G.S. § 7A-550 (now N.C.G.S. § <cross_reference>7B-309</cross_reference>) provides immunity from liability to those who act in accordance with the reporting statute and presumes the reporter's good faith; and (3) plaintiff did not meet her burden under N.C.G.S. § <cross_reference>8C-1</cross_reference>, Rule 301 to show defendant's bad faith or actual malice.</block_quote>
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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