KZGO FM Radio: “Court Rejects Case Of Doc Who Sued Over ‘Real Tool’ Remark”

“Court Rejects Case Of Doc Who Sued Over ‘Real Tool’ Remark” 

Ben Holsen   

KZGO FM Radio 

January 30, 2013

The Minnesota Supreme Court on Wednesday threw out the case of a Duluth doctor who sued after a patient’s son called him “a real tool” on a rate-your-doctor website.

In the court ruling, the justices noted that there was no proof that six comments made by the son were false or harmful to the neurologist’s reputation.

The unanimous opinion reversed an earlier Appeals Court decision and effectively rejects the lawsuit of Dr. David McKee, who had been in a two-year legal battle with Dennis Laurion. McKee had alleged defamation and claimed the comments interfered with his business.

Observers said the case presented an interesting battle between free speech rights and the rights of workers to protect their professional reputations.

Laurion had been upset with McKee’s bedside manner as he was treating his father after a hemorrhagic stroke in April 2010. Among the comments that Laurion posted to an online doctor review site was the assertion by a nurse friend of his that “Dr. McKee is a real tool!”

The court ruled that comment was protected by the First Amendment: “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.”

Laurion told the Duluth News Tribune, “The initial excitement has not worn off. I’m very gratified it’s all over.”

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

David McKee MD v. Dennis Laurion References And Precedents

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