{ "id": 3597028, "name": "RICHARD SIVULICH, Plaintiff-Appellant, v. HOWARD PUBLICATIONS, INC., et al., Defendants-Appellees", "name_abbreviation": "Sivulich v. Howard Publications, Inc.", "decision_date": "1984-06-29", "docket_number": "No. 83\u20141472", "first_page": "129", "last_page": "132", "citations": [ { "type": "official", "cite": "126 Ill. App. 3d 129" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "313 N.E.2d 457", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "57 Ill. 2d 376", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5407090 ], "opinion_index": 0, "case_paths": [ "/ill-2d/57/0376-01" ] }, { "cite": "347 N.E.2d 757", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "38 Ill. App. 3d 172", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2804842 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/38/0172-01" ] }, { "cite": "41 L. Ed 789", "category": "reporters:federal", "reporter": "L. Ed.", "case_ids": [ 8298694 ], "year": 1976, "opinion_index": 0, "case_paths": [ "/us/165/0463-01" ] }, { "cite": "418 U.S. 323", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6173012 ], "weight": 2, "year": 1976, "opinion_index": 0, "case_paths": [ "/us/418/0323-01" ] }, { "cite": "442 N.E.2d 195", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "92 Ill. 2d 344", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3097134 ], "opinion_index": 0, "case_paths": [ "/ill-2d/92/0344-01" ] }, { "cite": "395 N.E.2d 1185", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "77 Ill. App. 3d 452", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3290808 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/77/0452-01" ] } ], "analysis": { "cardinality": 487, "char_count": 7145, "ocr_confidence": 0.746, "pagerank": { "raw": 1.3694731226466485e-07, "percentile": 0.6379993582637443 }, "sha256": "611e88aba7272dec8d482c83e06c370520cec585e9faf6c9a70580d9e3daf988", "simhash": "1:74ed70e236526a18", "word_count": 1156 }, "last_updated": "2023-07-14T22:48:42.345915+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "RICHARD SIVULICH, Plaintiff-Appellant, v. HOWARD PUBLICATIONS, INC., et al., Defendants-Appellees." ], "opinions": [ { "text": "JUSTICE McNAMARA\ndelivered the opinion of the court:\nPlaintiff, Richard Sivulich, brought this action seeking to recover damages for an allegedly libelous article written and published by defendants Ron Brow and Howard Publications, Inc. The trial court granted defendants\u2019 motion for summary judgment, finding that the article was substantially true and that plaintiff was a public figure who had not demonstrated actual malice. Since we agree that the article was substantially true, we need not reach the question of whether plaintiff was a public figure. The pertinent facts are undisputed.\nPlaintiff was head wrestling coach, assistant football coach and a physical education teacher at Thornton North High School. On August 28, 1978, while drilling some of the football players before their season opening game, plaintiff noticed a car parked on a road bordering the football field. He sent one of his players to find out who was in the car and what the man was doing. When the man refused to identify himself, plaintiff went over to the car.\nThe man in the car, Joseph NeCastro, was the 69-year-old grandfather of one of the players. He refused to identify himself and continued watching practice with his binoculars. According to plaintiff, NeCastro said he did not like the way plaintiff and the head coach yelled at the players and that he was scouting their plays. Plaintiff had noticed a Lansing city sticker on the vehicle and was worried that NeCastro was scouting for their opponents. He attempted to obstruct NeCastro\u2019s view or grab the binoculars. As plaintiff did so, NeCastro fell back and was struck in the mouth by the binoculars. NeCastro\u2019s grandson came over and identified his grandfather, and plaintiff apologized. As a result of the incident, plaintiff was suspended from coaching for four days. NeCastro filed a report with the police the next day.\nDuring the following September, plaintiff announced a meeting for students interested in joining the wrestling team. School Superintendent Verchota thereupon telephoned and advised plaintiff that he was no longer the head wrestling coach.\nWhen he lost the coaching position, plaintiff telephoned Brow and another sportswriter for one of the local newspapers, hoping to arouse some community support. Plaintiff told the writer that he believed he was not rehired for the coaching position because of the NeCastro incident.\nBrow had already heard of the incident from NeCastro\u2019s son, who had asked Brow if he could do something. Brow told him he did not have both sides of the story, and Brow did not immediately investigate further. Following plaintiff\u2019s call, Brow interviewed the school principal and others to learn why plaintiff had lost his wrestling coach position. Brow was also informed by NeCastro\u2019s son that they were filing charges for aggravated battery against plaintiff.\nOn October 19, 1978, NeCastro filed a civil suit alleging that plaintiff violently assaulted and intentionally struck NeCastro, and that plaintiff\u2019s actions were wilful, malicious, and caused severe injuries. That suit was ultimately settled and dismissed.\nThe next day Brow\u2019s article appeared. In it he wrote that plaintiff had lost his wrestling coach position and that his dismissal might be related to an altercation he had with the grandfather of one of the football players. In describing the event Brow wrote:\n\u201cIt seems the 32-year-old Sivulich was involved in an altercation prior to the season opener with the grandfather of one of North\u2019s players. The altercation resulted in the loss of a tooth and more than $500 worth of personal damages to the 70-year-old man.\nCharges of aggravated battery have been filed against Sivu-lich. Final papers were signed Wednesday, served in court Thursday and are expected to be handed to Sivulich today.\nSivulich will have until Nov. 9 to respond to the charges.\u201d\nThe remainder of the article discussed the controversy surrounding the wrestling coach position. It pointed out that the new head coach was not as qualified as plaintiff and that the school district had not handled the situation very well.\nPlaintiff filed this suit alleging that the statement in the article that \u201cCharges of aggravated battery have been filed against Sivu-lich\u201d is libelous per se.\nA false statement is libelous per se if it imputes to the plaintiff the commission of a crime. (Makis v. Area Publications Corp. (1979), 77 Ill. App. 3d 452, 395 N.E.2d 1185.) To determine whether the statement is libelous it must be considered in context, giving the words their natural and ordinary meaning. (Chapski v. Copley Press (1982), 92 Ill. 2d 344, 442 N.E.2d 195.) Plaintiff has the burden of proving the falsity of the statements. (Gertz v. Robert Welch, Inc. (1974), 418 U.S. 323, 41 L. Ed 789, 94 S. Ct. 2997.) Truth is a defense and a showing of the truth of the gist or sting of the statement is sufficient to avoid liability. Kilbane v. Sabonjian (1976), 38 Ill. App. 3d 172, 347 N.E.2d 757.\nPlaintiff asserts that there is but one meaning for the statement that \u201c[cjharges of aggravated battery have been filed.\u201d Relying on a technical, legal definition, he maintains that the only interpretation is that criminal felony charges were filed. We do not agree.\nThe natural and ordinary meaning of the word \u201ccharged\u201d is broad enough to encompass civil as well as criminal charges. In a generic sense, it includes any assertion against an individual, including averments in a civil complaint. Similarly, while aggravated battery is a defined felony and a term of art, the adjective \u201caggravated\u201d is commonly understood to describe a more severe act. In light of Ne'Castro\u2019s complaint alleging a violent and malicious battery, the gist or sting of the word \u201caggravated\u201d was not false.\nFurthermore, when the statement is read in the context of the whole article, it is clear that Brow was reporting on civil charges. In the preceding paragraph he referred to personal damages and a loss of $500. The succeeding statements referred to papers being signed and served as well as the time which plaintiff had to respond. None of these terms indicate a criminal proceeding had begun and there were no references to arrests, indictments or criminal sanctions. In fact, the article did not mention that NeCastro had reported the incident to the police.\nWith the exception of an immaterial error as to the date that the complaint was filed, the article is substantially true. There being no genuine issue of material fact, the trial court properly granted defendants\u2019 motion for summary judgment. Carruthers v. B. C. Christopher & Co. (1974), 57 Ill. 2d 376, 313 N.E.2d 457.\nFor the reasons stated, the judgment of the circuit court of Cook County granting defendants\u2019 motion for summary judgment is affirmed.\nJudgment affirmed.\nRIZZI, P.J., and WHITE, J.J., concur.", "type": "majority", "author": "JUSTICE McNAMARA" } ], "attorneys": [ "Edward L. Osowski, of Chicago, for appellant.", "Reuben & Proctor, of Chicago (Samuel Fifer and Mark Sableman, of counsel), for appellees." ], "corrections": "", "head_matter": "RICHARD SIVULICH, Plaintiff-Appellant, v. HOWARD PUBLICATIONS, INC., et al., Defendants-Appellees.\nFirst District (3rd Division)\nNo. 83\u20141472\nOpinion filed June 29, 1984.\nEdward L. Osowski, of Chicago, for appellant.\nReuben & Proctor, of Chicago (Samuel Fifer and Mark Sableman, of counsel), for appellees." }, "file_name": "0129-01", "first_page_order": 151, "last_page_order": 154 }