Zakas v. Mills, 251 S.E.2d 135 (Ga. Ct. App. 1978). · Go Syfert
Zakas v. Mills, 251 S.E.2d 135 (Ga. Ct. App. 1978). Cases Citing This Book View Copy Cite
29 citation events (6 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Kelley v. Tanoos
Ind. · 2007 · confidence medium
In Conn v. Paul Hams Stores, Inc., 439 N.E.2d 195, 200 (Ind.Ct.App.1982), trans. denied, the court recognized a conditional privilege that extended to “protect statements and communications' made to law enforcement officers.” That court, relying on, authority outside of Indiana, said “statements made in good faith pursuant to investigation by police of a crime are made in the performance of a public duty and are privileged.” Conn, 439 N.E.2d at 200 (quoting Zakas v. Mills, 148 Ga.App. 220 , 251 S.E.2d 135, 136 (1978)).
discussed Cited "see" Moses v. Revco Discount Drug Centers of Georgia, Inc. (2×)
Ga. Ct. App. · 1982 · signal: see · confidence high
See Zakas v. Mills, 148 Ga. App. 220 ( 251 SE2d 135 ) (1978).
discussed Cited "see" DIXIE BEER COMPANY v. Boyett (2×)
Ga. Ct. App. · 1981 · signal: see · confidence high
See Zakas v. Mills, 148 Ga. App. 220 (1) ( 251 SE2d 135 ) (1978); Corbin v. First Nat.
discussed Cited "see, e.g." Matthew Jay Murphree v. Us Bank of Utah, N.A., and Julie Reynolds (2×)
10th Cir. · 2002 · signal: see, e.g. · confidence low
See, e.g., Zakas v. Mills, 148 Ga.App. 220 , 251 S.E.2d 135, 136 (Ga.Ct.App.1978).
Retrieving the full opinion text from the archive…
Zakas
v.
Mills
56750.
Court of Appeals of Georgia.
Nov 22, 1978.
251 S.E.2d 135
W. Gary Moore, for appellant., Phillips, Hart & Mozley, Michael G. Frick, George W. Hart, for appellee.
Bell, Shulman, Birdsong.
Cited by 14 opinions  |  Published
Bell, Chief Judge.

This is a suit for slander and invasion of privacy. Plaintiff alleged in his complaint that defendant maliciously accused plaintiff of committing a crime, and that defendant publicly disclosed false information, thereby damaging plaintiffs reputation and peace of mind. Defendant answered, denying the material allegations of plaintiffs complaint. Defendant’s motion for summary judgment was granted. In support of her motion defendant established by depositions and affidavits that she was the assistant manager of a Stop-N-Go market and that she saw plaintiff pump gasoline into his automobile at the self-service pumps in front of the store and then drive off without paying for it. Immediately thereafter, defendant called the police department and reported the theft, giving a police officer a description of plaintiff and his car. Four days later, the officer located plaintiff at a restaurant. Defendant later swore out a warrant for plaintiffs arrest. In his deposition plaintiff denied the theft and set up by this testimony the defense of alibi to the alleged crime. Defendant averred in her affidavit that the information she gave the officer was furnished in an attempt to locate the individual who stole the gasoline; that the statements were made in good faith in the prosecution of an inquiry regarding a crime. Held:

1. To accuse another of a crime punishable by law is slander, and damages are inferred from the act. Code Ann. § 105-702. However, statements made in good faith pursuant to investigation by police of a crime are made in the performance of a public duty and are privileged. Code Ann. § 105-709 (1); Hardaway v. Sherman Enterprises, Inc., 133 Ga. App. 181 (210 SE2d 363). Privileged communications bar recovery. Code Ann. § 105-706. The evidence presented in support of the motion for summary judgment pierced the allegation of the complaint and the burden then shifted to the plaintiff to show the existence of issues of fact. He did not. Good faith sufficiently appears from defendant’s evidence and in the absence of a showing by plaintiff of a lack of good faith the trial court properly granted summary judgment to defendant as to the slander[*221] count. Hardaway v. Sherman Enterprises, Inc., supra.

Argued October 12, 1978 Decided November 22, 1978. W. Gary Moore, for appellant. Phillips, Hart & Mozley, Michael G. Frick, George W. Hart, for appellee.

2. The trial court also properly granted summary judgment as to the invasion of privacy count. As defendant was duty bound to report the theft, the charge against plaintiff thereafter became a matter of public investigation and the statements made in connection therewith are not an invasion of privacy. Fisher v. J. C. Penney Co., 135 Ga. App. 913 (219 SE2d 626).

Judgment affirmed.

Shulman and Birdsong, JJ., concur.