Supreme Court: Calling someone “a real tool” isn’t defamatory, because it’s opinion, not fact

January 30, 2013

“Supreme Court: Calling Someone A Real Tool Isn’t Defamatory, Because It’s Opinion, Not Fact”

Aaron Rupar, Twin Cities Blog

Image-McKee-Computer-Picture

Is Dr McKee (pictured) a real tool? According to the Supreme Court, it depends whom you ask.


An opinion released by the Minnesota Supreme Court today is an especially fun read as far as court rulings go. At issue is whether calling a professional “a real tool” in online reviews of their work is defamatory.

As we told you in October, Duluth neurologist Dr. David McKee sued Dennis Laurion, the son of a former patient, for $50,000, alleging that statements Laurion published online defamed him. Among the statements was this gem: “When I mentioned Dr. McKee’s name to a friend who is a nurse, she said, ‘Dr. McKee is a real tool!'”

Laurion’s father had a stroke, and Laurion was upset about the way Dr. McKee treated him. A Jewish World Review report provides more details:

In his online postings, Dennis Laurion wrote that McKee “seemed upset” because he thought his father, then 84, was still in intensive care.

“Never having met my father or his family, Dr. McKee said, ‘When you weren’t in the ICU, I had to spend time finding out if you transferred or died,'” according to Laurion’s account. “When we gaped at him, he said, ‘Well, 44 percent of hemorrhagic strokes die within 30 days. I guess this is the better option.'”

Laurion, who was visiting with his wife and mother, wrote that McKee was brusque and dismissive during the exam, especially when his father raised concerns that his hospital gown was hanging open at the back. “Dr. McKee said, ‘That doesn’t matter,'” according to Laurion’s account. “My wife said, ‘It matters to us,'” and they left the room.

McKee claims he spent more than $7,000 to “scrub” more than 100 negative comments about his work, many of them originating from a single IP address in Duluth, the Review reports.

But in today’s opinion, the Supreme Court unanimously ruled that Laurion’s online comments don’t constitute defamation.

“Referring to someone as ‘a real tool’ falls into the category of pure opinion because the term ‘real tool’ cannot be reasonably interpreted as stating a fact and it cannot be proven true or false.” Justice Alan Page wrote. **

Something to keep in mind next time one of your pals says “[insert name] is a total toolbox” and you disagree. “The Supreme Court says that’s just your opinion, man!”

Source

Defendant Dennis Laurion’s Web Posting

Defendant Dennis Laurion’s Patient Complaint

Plaintiff David McKee’s Reply To Patient Complaint

Plaintiff David McKee’s Cease And Desist Letter To Defendant Dennis Laurion

Defendant Dennis Laurion’s Complaint To Minnesota Board Of Medical Practice

Plaintiff David McKee’s Complaint To Sixth Judicial District Duluth Court

Plaintiff David McKee’s Response To Minnesota Board Of Medical Practice

Defendant Dennis Laurion’s Answer To Plaintiff David McKee’s Complaint

Defendant Dennis Laurion’s Motion For Summary Judgment

Defendant Dennis Laurion’s Deposition Extracts

Plaintiff David McKee’s Deposition Testimony About Circumstances Before Encounter With Laurion Family

Plaintiff David McKee’s Deposition Testimony About Encounter With Laurion Family

Plaintiff David McKee’s Deposition Testimony About Circumstances After Encounter With Laurion Family

Plaintiff David McKee’s Deposition Testimony In Response To Questions By Marshall Tanick

Affidavits By Defendant Dennis Laurion’s Parents

Defendant Dennis Laurion’s Supplemental Motion For Summary Judgment

Plaintiff David McKee’s Motion To Oppose Summary Judgment

Defendant Dennis Laurion’s Reply Memo In Support Of Motion For Summary Judgment

Sixth Judicial District Court’s Order On Motion For Summary Judgment

Plaintiff David McKee’s Appeal Of Order On Motion For Summary Judgment

Plaintiff David McKee’s Brief To Minnesota Court Of Appeals

Defendant Dennis Laurion’s Brief To Minnesota Court Of Appeals

Plaintiff David McKee’s Reply Brief To Minnesota Court Of Appeals

Minnesota Court Of Appeals Order To Strike Portion Of Plaintiff David McKee’s Reply Brief

Minnesota Court Of Appeals Announces Decision

Defendant Dennis Laurion’s Petition For Review By Minnesota Supreme Court

Plaintiff David McKee’s Opposition To Review By Minnesota Supreme Court

Defendant Dennis Laurion’s Brief To Minnesota Supreme Court

Plaintiff David McKee’s Brief To Minnesota Supreme Court

Defendant Dennis Laurion’s Reply Brief To Minnesota Supreme Court

Minnesota Supreme Court Decision On David McKee MD V. Dennis K. Laurion

David McKee MD v. Dennis Laurion 2010

David McKee MD v. Dennis Laurion 2011

David McKee MD v. Dennis Laurion 2012

David McKee MD v. Dennis Laurion 2013

McKee V Laurion Is A Textbook Case

 

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