Davis v. Sherwin-Williams Co., 531 S.E.2d 764 (Ga. Ct. App. 2000). · Go Syfert
Davis v. Sherwin-Williams Co., 531 S.E.2d 764 (Ga. Ct. App. 2000). Cases Citing This Book View Copy Cite
21 citation events (21 in the last 25 years) across 2 distinct courts.
Strongest positive: Barna Log Homes of Georgia, Inc. v. Wischmann (gactapp, 2011-07-13)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Barna Log Homes of Georgia, Inc. v. Wischmann
Ga. Ct. App. · 2011 · confidence medium
Corp., 226 Ga. App. 459 (1) ( 486 SE2d 684 ) (1997). 3 (Punctuation and footnote omitted.) Lucas v. Crenshaw, 289 Ga. App. 510, 512 (1) ( 659 SE2d 612 ) (2008). 4 See id. at 512 (1); Davis v. Sherwin-Williams Co., 242 Ga. App. 907, 908 ( 531 SE2d 764 ) (2000). 5 See Lucas, 289 Ga. App. at 514 (1); Davis, 242 Ga. App. at 908 ; Jaillett v. Ga. Television Co., 238 Ga. App. 885, 890-891 ( 520 SE2d 721 ) (1999) (customer’s statement that she had been “ripped off” was not defamatory because the facts that premised her opinion were revealed in the broadcast and were not defamatory). 6 See Berge…
discussed Cited as authority (rule) McChesney v. IH RIVERDALE, LLC
Ga. Ct. App. · 2010 · confidence medium
These claims remain pending before the trial court. 3 296 Ga. App. 551 ( 675 SE2d 290 ) (2009). 4 Meadow Springs, LLC v. IH Riverdale, LLC, 286 Ga. 701 ( 690 SE2d 842 ) (2010). 5 Case No. S10C0482 (March 15, 2010) (order). 6 See generally OCGA § 44-14-610 et seq. (providing for the filing of a notice of lis pendens against real property involved in a legal action). 7 Meadow Springs, supra, 286 Ga. at 705 (1). 8 Talbot County Bd. of Commrs. v. Woodall, 275 Ga. 281 (1) ( 565 SE2d 465 ) (2002). 9 Meadow Springs, supra, 286 Ga. 701 . 10 Id. at 702. 11 Latson v. Boaz, 278 Ga. 113, 114 ( 598 SE2d 4…
discussed Cited as authority (rule) Meadow Springs, LLC v. Ih Riverdale, LLC
Ga. Ct. App. · 2010 · confidence medium
Barnes, P. J., and Johnson, J., concur. 1 286 Ga. 701 ( 690 SE2d 842 ) (2010). 2 Meadow Springs, LLC v. IH Riverdale, LLC, 296 Ga. App. 551 ( 675 SE2d 290 ) (2009). 3 Shadix v. Carroll County, 274 Ga. 560, 563-564 ( 554 SE2d 465 ) (2001). 4 The court did not address counterclaims and third-party claims also pending before it. 5 See generally OCGA § 44-14-610 et seq. (providing for the filing of a notice of lis pendens against real property involved in a legal action). 6 Meadow Springs, supra, 286 Ga. at 705 (1). 7 See id. 8 Talbot County Bd. of Commrs. v. Woodall, 275 Ga. 281 (1) ( 565 SE2d 4…
discussed Cited as authority (rule) Nelson v. Glynn-Brunswick Hospital Authority
Ga. Ct. App. · 2002 · confidence medium
Corp., 226 Ga. App. 459 (1) ( 486 SE2d 684 ) (1997). 2 Kurtz v. Williams, 188 Ga. App. 14, 15 (3) ( 371 SE2d 878 ) (1988). 3 The only person outside Southeast and Sterling who was alleged to have received information from Southeast, Dr. Ross Goehring, denied in his deposition that he had any knowledge about Dr. Nelson’s lab test. 4 Davis v. Sherwin-Williams Co., 242 Ga. App. 907, 908 ( 531 SE2d 764 ) (2000). 5 Dominy v. Shumpert, 235 Ga. App. 500 ( 510 SE2d 81 ) (1998). 6 Lau’s Corp. v. Haskins, 261 Ga. 491 ( 405 SE2d 474 ) (1991). 7 Lightning v. Roadway Express, 60 F3d 1551, 1558 (IV) (B)…
discussed Cited as authority (rule) Hickson Corp. v. NORTHERN CROSSARM CO., INC. (2×)
N.D. Ga. · 2002 · confidence medium
Davis v. Sherwin-Williams Co., 242 Ga.App. 907, 908 , 531 S.E.2d 764, 765 (2000).
Retrieving the full opinion text from the archive…
DAVIS
v.
SHERWIN-WILLIAMS COMPANY Et Al.
A00A0725.
Court of Appeals of Georgia.
Mar 20, 2000.
531 S.E.2d 764
2000 Ga. App. LEXIS 383
Calvin A. Rouse, for appellant., Hawkins & Parnell, Jack N. Sibley, Robert S. Thompson, for appellees.
Johnson, McMurray, Phipps.
Cited by 7 opinions  |  Published
Johnson, Chief Judge.

Briggs & Stratton Corporation hired Alan Davis to paint a motor assembly plant in the city of Statesboro. Sherwin-Williams Company supplied Davis with the painting products that he used on the Briggs & Stratton job. In August 1995, before the painting was finished, Briggs & Stratton fired Davis from the job. Davis sued Briggs & Stratton, and the parties eventually settled that lawsuit.

In October 1995, Briggs & Stratton asked Sherwin-Williams to inspect Davis’ painting job for the purpose of advising a new painting contractor as to what was needed to finish the project. Wayne Anderson, a Sherwin-Williams store assistant manager who had handled the Briggs & Stratton project and was familiar with the painting specifications of that project, conducted the inspection. Afterwards, Anderson wrote a report of his opinions and findings, and he sent the report to Briggs & Stratton.

In the report, Anderson listed nine findings: that a concrete stain had been applied too thinly, that a concrete water sealer had not been applied, that an industrial enamel was not sufficiently thick, that a primer was not used, that certain pipes and bar joists were only partially painted, that dirt had been painted over, that “fallout from the drywall” had been painted over, that decals on air conditioning units had been painted over and that catwalks had been painted only from the bottom and not the top. He further gave his opinion that the workmanship on the job was very poor, and he made suggestions as to how the problem areas could be corrected.

Based on that written report, Davis sued Sherwin-Williams and Anderson for libel. Sherwin-Williams and Anderson moved for summary judgment, and the trial court granted the motion. Davis appeals, challenging the grant of summary judgment on his libel claim. The challenge is without merit.

A libel is a false and malicious defamation of another that is expressed in writing, that tends to injure the person’s reputation and that exposes the person to public hatred, contempt or ridicule. [1] The expression of opinion on matters about which reasonable people might differ is not libelous. [2]

The essence of Anderson’s report is an expression of opinion about the quality of the painting job. Reasonable people might differ about the quality of Davis’ work on the job. But Anderson’s mere expression of his opinions about deficiencies in the work is not libelous.

[*908] To the extent that some of Anderson’s nine findings about the paint job can be characterized as assertions of fact rather than opinion, none of those assertions supports Davis’ libel action. The truth of a statement is always a defense to a claim of libel. [3] In his deposition, Davis admitted that all but two of Anderson’s nine findings were true or could not be disputed. Thus, all of the statements that Davis admitted were true cannot be libelous.

In his deposition, Davis expressly disputed only Anderson’s findings that a concrete stain had been applied too thinly and that an industrial enamel was not sufficiently thick. Even if we assume for the sake of argument that Anderson’s statements about the concrete stain and industrial enamel were wrong, we fail to see how such statements, not to mention any of the other statements in the report, exposed Davis to public hatred, contempt or ridicule. Absent such exposure, there is no libel. [4]

Moreover, statements are privileged if they are made with a good faith intent by the speaker to protect his interest in a matter in which he is concerned. [5] A defendant relying on privilege as a defense to a libel action must show good faith, an interest to be upheld, a statement properly limited in scope, a proper occasion and publication to proper persons. [6]

Sherwin-Williams and Anderson have shown all of these elements. There is no question that they had a business interest in Davis’ painting job because they supplied the painting products used for the job; Sherwin-Williams and Anderson had an interest in seeing that their products were used properly and that any problems with the use of those products were corrected. Furthermore, Anderson only made his inspection and report in good faith at the request of Briggs & Stratton, he properly limited his report to the requested evaluation of the paint job and he properly limited the publication of the report to the interested parties at Briggs & Stratton and Sherwin-Williams. [7] Consequently, Anderson’s good faith report concerning the status of the paint job was privileged and does not provide a basis for Davis’ claim of libel. [8]

In order to overcome the privilege, Davis was required to prove[*909] that the report was made with actual malice. [9] There is, however, no evidence in the record that Sherwin-Williams or Anderson acted with actual malice in making the report. On the contrary, the evidence shows only that they acted in good faith in issuing the status report at the request of Briggs & Stratton. The trial court accordingly did not err in granting summary judgment to Sherwin-Williams and Anderson.

Decided March 20, 2000. Calvin A. Rouse, for appellant. Hawkins & Parnell, Jack N. Sibley, Robert S. Thompson, for appellees.

Judgment affirmed.

McMurray, P. J., and Phipps, J., concur.
2

Webster v. Wilkins, 217 Ga. App. 194, 195 (1) (456 SE2d 699) (1995).

4

See Kitfield v. Henderson, Black & Greene, 231 Ga. App. 130, 132 (2) (498 SE2d 537) (1998); Willis v. United Family Life Ins., 226 Ga. App. 661, 664 (1) (a) (487 SE2d 376) (1997).

6

Dominy v. Shumpert, 235 Ga. App. 500, 504 (2) (510 SE2d 81) (1998).

7

See generally Choice Hotels Intl. v. Ocmulgee Fields, 222 Ga. App. 185, 188-189 (2) (474 SE2d 56) (1996).

8

See generally Willis, supra at 664-665 (1); Speedway Grading Corp. v. Gardner, 206 Ga. App. 439, 442-443 (2) (425 SE2d 676) (1992).

9

See Kitfield, supra; Speedway Grading, supra at 442 (2).