from the Franklin County Court of Common Pleas C.P.C. No.
Law Firm, LLC, and Sonia T. Walker; Jones Law Group, LLC, and
J. Michael Nicks, for appellants.
Zeiger, Tigges & Little LLP, Marion H. Little, Jr. and
Kris Banvard, for appellee.
Matthew S. Zeiger.
1} Aaron Anderson, Aaronana Anderson, Willie
Anderson, and Nanita Williams ("the Andersons"),
acting as guardians of Aaron Anderson, are appealing the
summary judgment granted for WBNS-TV, Inc. ("WBNS")
in the defamation lawsuit they filed against WBNS. The
Andersons assign a single error for our review:
The Trial Court erred in granting Appellee's Motion for
Summary Judgment on Appellants' defamation claim where
Appellants provided clear and convincing evidence of
2} They state the issue for our review as follows:
Whether Appellee's alteration in referring to Appellants
as "robbers", when the police supplied information
referred to Appellants as "suspects", is clear and
convincing evidence sufficient to raise a jury question as to
the fault element of Appellants' claim for defamation.
3} There is no indication that the Andersons are
public figures, so the case does not necessitate the actual
malice standard required for public figures by New York
Time Co. v. Sullivan, 376 U.S. 254 (1964).
4} The complaint which initiated this lawsuit
includes five theories for recovery. They are Invasion of
Privacy/False Light, Defamation of Character, Intentional
Infliction of Emotional Distress, Violation of R.C. 2739.14,
and Loss of Consortium. At oral argument, counsel informed