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Judy Faulkner v. Bryan C. Fagan, M.D.
Date: 11-14-2024
Case Number: 2022-CT-130
Judge: John R. White
Court: Circuit Court, Lee County, Mississippi
Plaintiff's Attorney:
Click Here For The Best Tupelo Personal Injury Lawyer Directory
Defendant's Attorney: Mark Nolan Halbert, Brandi Eliazbeth Soper
Description:
Tupelo, Mississippi personal injury lawyer represented the Plaintiff.
defendant surgeon, Dr. Bryan C. Fagan, called the plaintiff, Judy Faulkner, a "f*****g c**t." Faulkner at the time worked as a surgical scheduler at the same surgical center. He uttered the vulgarity in the presence of several operating room personnel, but Faulkner was not present. Faulkner sued Fagan for defamation and intentional
infliction of emotional distress, alleging that the vulgarity constitutes an attack on her professional abilities, and, therefore, is slander per se.
¶2. After a bench trial, the Lee County County Court ruled in favor of Faulkner on the defamation count and in favor of Fagan on the intentional-infliction-of-emotional-distress claim. The emotional-distress claim is not before us here. Fagan appealed to the Lee County Circuit Court, and the Circuit Court affirmed. On appeal, the Court of Appeals reversed and rendered, holding that the county judge manifestly erred by finding the statement defamatory. Fagan v. Faulkner, No. 2022-CA-00130-COA, 2023 WL 2884538, at *7 (¶ 28) (Miss. Ct. App. Apr. 11, 2023). We affirm the Court of Appeals' judgment, albeit on different grounds. We reverse the judgments of the Lee County Circuit and County Courts because they erred by denying Fagan's motion for a directed verdict.
Fagan v. Faulkner, 2022-CT-00130-SCT (Miss. Nov 14, 2024)
defendant surgeon, Dr. Bryan C. Fagan, called the plaintiff, Judy Faulkner, a "f*****g c**t." Faulkner at the time worked as a surgical scheduler at the same surgical center. He uttered the vulgarity in the presence of several operating room personnel, but Faulkner was not present. Faulkner sued Fagan for defamation and intentional
infliction of emotional distress, alleging that the vulgarity constitutes an attack on her professional abilities, and, therefore, is slander per se.
¶2. After a bench trial, the Lee County County Court ruled in favor of Faulkner on the defamation count and in favor of Fagan on the intentional-infliction-of-emotional-distress claim. The emotional-distress claim is not before us here. Fagan appealed to the Lee County Circuit Court, and the Circuit Court affirmed. On appeal, the Court of Appeals reversed and rendered, holding that the county judge manifestly erred by finding the statement defamatory. Fagan v. Faulkner, No. 2022-CA-00130-COA, 2023 WL 2884538, at *7 (¶ 28) (Miss. Ct. App. Apr. 11, 2023). We affirm the Court of Appeals' judgment, albeit on different grounds. We reverse the judgments of the Lee County Circuit and County Courts because they erred by denying Fagan's motion for a directed verdict.
Fagan v. Faulkner, 2022-CT-00130-SCT (Miss. Nov 14, 2024)
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Judy Faulkner v. Bryan C. Fagan, M.D.?
The outcome was: Affirmed
Which court heard Judy Faulkner v. Bryan C. Fagan, M.D.?
This case was heard in Circuit Court, Lee County, Mississippi, MS. The presiding judge was John R. White.
Who were the attorneys in Judy Faulkner v. Bryan C. Fagan, M.D.?
Plaintiff's attorney: Click Here For The Best Tupelo Personal Injury Lawyer Directory. Defendant's attorney: Mark Nolan Halbert, Brandi Eliazbeth Soper.
When was Judy Faulkner v. Bryan C. Fagan, M.D. decided?
This case was decided on November 14, 2024.