{ "id": 8522144, "name": "ROBERT W. CLARK v. JOSEPH G. BROWN", "name_abbreviation": "Clark v. Brown", "decision_date": "1990-07-03", "docket_number": "No. 8927SC514", "first_page": "255", "last_page": "265", "citations": [ { "type": "official", "cite": "99 N.C. App. 255" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "370 S.E.2d 375", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1988, "pin_cites": [ { "page": "387", "parenthetical": "citation omitted" } ], "opinion_index": 0 }, { "cite": "322 N.C. 643", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2518481 ], "year": 1988, "pin_cites": [ { "page": "661", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc/322/0643-01" ] }, { "cite": "387 S.E.2d 188", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1990, "pin_cites": [ { "page": "193", "parenthetical": "citations omitted" } ], "opinion_index": 0 }, { "cite": "97 N.C. App. 1", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8519292 ], "year": 1990, "pin_cites": [ { "page": "12", "parenthetical": "citations omitted" } ], "opinion_index": 0, "case_paths": [ "/nc-app/97/0001-01" ] }, { "cite": "332 S.E.2d 479", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1985, "pin_cites": [ { "parenthetical": "citation omitted" } ], "opinion_index": 0 }, { "cite": "314 N.C. 114", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4690404, 4686826, 4689527, 4687736, 4688381 ], "year": 1985, "pin_cites": [ { "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc/314/0114-05", "/nc/314/0114-02", "/nc/314/0114-04", "/nc/314/0114-03", "/nc/314/0114-01" ] }, { "cite": "326 S.E.2d 104", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1985, "pin_cites": [ { "page": "106", "parenthetical": "citation omitted" } ], "opinion_index": 0 }, { "cite": "73 N.C. App. 457", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8524561 ], "year": 1985, "pin_cites": [ { "page": "460", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc-app/73/0457-01" ] }, { "cite": "87 S.E.2d 210", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1955, "pin_cites": [ { "page": "212" } ], "opinion_index": 0 }, { "cite": "242 N.C. 227", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8612350 ], "year": 1955, "pin_cites": [ { "page": "230" } ], "opinion_index": 0, "case_paths": [ "/nc/242/0227-01" ] }, { "cite": "233 S.E.2d 624", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1977, "pin_cites": [ { "page": "626-27", "parenthetical": "citation omitted" } ], "opinion_index": 0 }, { "cite": "32 N.C. App. 660", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8553029 ], "year": 1977, "pin_cites": [ { "page": "663", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc-app/32/0660-01" ] }, { "cite": "366 N.E.2d 829", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 1977, "pin_cites": [ { "page": "833" }, { "page": "831" } ], "opinion_index": 0 }, { "cite": "397 N.Y.S.2d 740", "category": "reporters:state", "reporter": "N.Y.S.2d", "year": 1977, "pin_cites": [ { "page": "744" } ], "opinion_index": 0 }, { "cite": "101 S.E.2d 383", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1958, "pin_cites": [ { "page": "387", "parenthetical": "defamatory statements made to a newspaper reporter with the intent that the newspaper publish them, which are published, are both slander and libel" } ], "opinion_index": 0 }, { "cite": "247 N.C. 488", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8627496 ], "year": 1958, "pin_cites": [ { "page": "494", "parenthetical": "defamatory statements made to a newspaper reporter with the intent that the newspaper publish them, which are published, are both slander and libel" } ], "opinion_index": 0, "case_paths": [ "/nc/247/0488-01" ] }, { "cite": "388 S.E.2d 127", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1990, "pin_cites": [ { "page": "130" } ], "opinion_index": 0 }, { "cite": "326 N.C. 219", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 5309520 ], "year": 1990, "pin_cites": [ { "page": "223" } ], "opinion_index": 0, "case_paths": [ "/nc/326/0219-01" ] }, { "cite": "389 S.E.2d 444", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1990, "pin_cites": [ { "page": "446" }, { "page": "446" } ], "opinion_index": 0 }, { "cite": "97 N.C. App. 648", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8522767 ], "year": 1990, "pin_cites": [ { "page": "650" } ], "opinion_index": 0, "case_paths": [ "/nc-app/97/0648-01" ] }, { "cite": "89 S.E.2d 466", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1955, "pin_cites": [ { "page": "468", "parenthetical": "slander per se: Shreve v. Duke Power Co., 97 N.C. App. 648, 650, 389 S.E.2d 444, 446 (1990); libel per se: Ellis v. Northern Star Co., 326 N.C. 219, 223, 388 S.E.2d 127, 130 (1990)" }, { "page": "467", "parenthetical": "citation omitted" } ], "opinion_index": 0 }, { "cite": "242 N.C. 755", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8622561 ], "year": 1955, "pin_cites": [ { "page": "757", "parenthetical": "slander per se: Shreve v. Duke Power Co., 97 N.C. App. 648, 650, 389 S.E.2d 444, 446 (1990); libel per se: Ellis v. Northern Star Co., 326 N.C. 219, 223, 388 S.E.2d 127, 130 (1990)" } ], "opinion_index": 0, "case_paths": [ "/nc/242/0755-01" ] }, { "cite": "351 S.E.2d 834", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1987, "pin_cites": [ { "page": "840-41", "parenthetical": "citation omitted" } ], "opinion_index": 0 }, { "cite": "84 N.C. App. 1", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 12167313 ], "year": 1987, "pin_cites": [ { "page": "12", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc-app/84/0001-01" ] }, { "cite": "365 S.E.2d 712", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 5, "year": 1988, "pin_cites": [ { "page": "714", "parenthetical": "citations omitted" }, { "parenthetical": "citations omitted" }, { "page": "714", "parenthetical": "citation omitted" }, { "page": "714", "parenthetical": "citations omitted" }, { "parenthetical": "citation omitted" } ], "opinion_index": 0 }, { "cite": "89 N.C. App. 242", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8521284 ], "year": 1988, "pin_cites": [ { "page": "244", "parenthetical": "citations omitted" } ], "opinion_index": 0, "case_paths": [ "/nc-app/89/0242-01" ] } ], "analysis": { "cardinality": 845, "char_count": 19819, "ocr_confidence": 0.77, "pagerank": { "raw": 5.892240450407488e-07, "percentile": 0.9526682829771157 }, "sha256": "ec8c0d898915451d053c96aae8d1dc823e79ea9e5b627606f33e0aa1a23aa8ff", "simhash": "1:172dfda04e8e3b66", "word_count": 3102 }, "last_updated": "2023-07-14T22:38:52.620321+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges Johnson and Parker concur." ], "parties": [ "ROBERT W. CLARK v. JOSEPH G. BROWN" ], "opinions": [ { "text": "GREENE, Judge.\nIn this civil action, plaintiff appeals the trial court\u2019s grant of summary judgment for defendant on plaintiff\u2019s claims of libel, slander, intentional interference with contract and interference with prospective economic advantage.\nThe evidence, viewed in the light most favorable to plaintiff, tends to show that plaintiff was employed in December 1984 by defendant district attorney as an assistant district attorney for Gaston County. In the spring of 1986, defendant was engaged in a primary re-election campaign and plaintiff was a friend of defendant\u2019s opponent in that election. Plaintiff promised defendant that plaintiff would remain neutral in the primary election. During the week of 28 April 1986, plaintiff was prosecuting at a term of criminal superior court in Gaston County over which Judge Sitton presided, and court ended on 30 April 1986, Wednesday morning. Plaintiff told Judge Sitton that he had nothing \u201celse that was ready to go forward for trial.\u201d On Saturday, 3 May 1986, a letter from plaintiff\u2019s mother was published in the Gastonia Gazette newspaper in support of defendant\u2019s primary opponent. Defendant became aware of the letter sometime before he arrived at the office on the following Monday morning, 5 May 1986. On that morning, defendant called plaintiff into his office and told him to \u201cclean out [his] desk.\u201d Plaintiff immediately called the Gastonia Gazette and other media offices, informing them that he had been fired by defendant for what he assumed \u201cwas for political reasons.\u201d Immediately after talking to plaintiff, a reporter for the Gastonia Gazette called defendant, who told defendant that plaintiff had told the newspaper that plaintiff \u201chad been terminated for political reasons,\u201d and defendant told the newspaper that \u201camong other things, that [defendant] had let [plaintiff] go because he was incompetent.\u201d On 5 May 1986, the Gastonia Gazette published a news article which stated in pertinent part:\n[Plaintiff], 32, an assistant district attorney since December 1984, said he was fired from his $36,100 a year job because he supports [defendant\u2019s opponent... in Tuesday\u2019s Democratic primary.\nBut [defendant] says it was job performance that caused him to fire [plaintiff].\n\u201cIncompetence,\u201d [defendant] said. \u201cCapital I-N-C-O-M-P-ET-E-N-C-E. Last week I assigned him to superior court. He held court Monday and Tuesday, and he quit about Wednesday at 10 a.m. He said he had nothing further for the court to hear.[\u201d]\n\u201cHe hasn\u2019t held a full five days of superior court once since I hired him. He just can\u2019t seem to get things done. He tries one case and decides he\u2019s through.\u201d\nPlaintiff instituted suit against defendant on the claims set out above. Defendant answered, denying the claims and asserting the affirmative defense of privilege. Defendant moved for summary judgment, offering defendant\u2019s deposition, plaintiff\u2019s discovery answers, and affidavits by defendant and two other persons.\nDefendant\u2019s deposition testimony on cross-examination was:\nQ. And then did you spell out the word \u201cincompetent\u201d for him?\nA. I may have. I saw the story and the way the story was written, it was written as if I had. I don\u2019t recall that I did that, but it sounds like me.\nQ. Do you have any reason to disagree with the quote?\nA. No, it sounds exactly like something I would do.\nQ. Why did you fire [plaintiff]?\nA. Because of the remarks that he made in court to Judge Sitton and the fact that he did not have enough cases to continue beyond Wednesday morning.\nQ. Did you ever say [plaintiff] was incompetent as an attorney?\nA. No. I never made the statement that he was incompetent as an attorney.\nQ. Would you ever have said that?\nA. No.\nAfter plaintiff left employment at the district attorney\u2019s office, he started his own private practice in the county. Defendant instituted a policy requiring that when plaintiff was defense counsel in any criminal case, plaintiff must negotiate directly with defendant. Defendant testified that he was concerned that plaintiff \u201chaving worked as an assistant district attorney in our office, might get overly sympathetic reactions from some of the assistants he had worked with and that in all fairness his cases should be handled just like any other lawyer\u2019s cases had been handled.\u201d By 9 June 1986, plaintiff had closed his Gastonia private law practice and joined the district attorney\u2019s office in Buncombe County. Plaintiff offered several affidavits at the summary judgment hearing to show that plaintiff enjoyed an excellent reputation as an assistant district attorney and that the fact that a superior court calendar ended on Wednesday was not incompetence by the prosecuting attorney.\nThe issues presented are whether summary judgment for defendant was appropriate, based on (I) defendant\u2019s affirmative defense of qualified immunity for libel and slander and (II) plaintiff\u2019s failure to show a material issue of fact on his claims of interference with contractual relations.\nSummary judgment is appropriate when there is no genuine issue of material fact and any party is entitled to judgment as a matter of law. N.C.G.S. \u00a7 1A-1, Rule 56(c) (Cum. Supp. 1989). The evidence must be viewed in the light most favorable to the non-movant, with the jury resolving questions of credibility. Shuping v. Barber, 89 N.C. App. 242, 244, 365 S.E.2d 712, 714 (1988) (citations omitted). As movant, defendant has the burden of showing at least one of the three grounds justifying summary judgment in his favor: (1) \u201can essential element of plaintiffs claim is nonexistent ... [2] plaintiff cannot produce evidence to support an essential element of his claim, or . . . [3] plaintiff cannot surmount an affirmative defense which would bar the claim.\u201d Id. (citations omitted).\nI\nA\nLibel and slander\nPlaintiff first asserts that defendant\u2019s statement was libel per se or slander per se. We agree.\nIn construing the publication, we are guided by the rule that to be actionable per se, the words:\n\u2018must be susceptible of but one meaning and of such nature that the court can presume as a matter of law that they tend to disgrace and degrade the party or hold him up to public hatred, contempt or ridicule\nThe question always is how would ordinary men naturally understand the publication\n[T]he [publication] . . . must be . . . stripped of all insinuations, innuendo, colloquium, and explanatory circumstances. The article must be defamatory on its face \u201cwithin the four corners thereof.\u201d \u2019\nTyson v. L\u2019Eggs Products, Inc., 84 N.C. App. 1, 12, 351 S.E.2d 834, 840-41 (1987) (citation omitted).\n\u201c[F]alse words imputing to a merchant or businessman conduct derogatory to his character and standing as a businessman tending to prejudice him in his business are actionable, and words so uttered may be actionable per se.\u201d Badame v. Lampke, 242 N.C. 755, 757, 89 S.E.2d 466, 468 (1955) (slander per se: Shreve v. Duke Power Co., 97 N.C. App. 648, 650, 389 S.E.2d 444, 446 (1990); libel per se: Ellis v. Northern Star Co., 326 N.C. 219, 223, 388 S.E.2d 127, 130 (1990)). The false words\n(1) must touch the plaintiff in his special trade or occupation, and (2) must contain an imputation necessarily hurtful in its effect on his business. That is to say, it is not enough that the words used tend to injure a person in his business. To be actionable per se, they must be uttered of him in his business relation.\nId.\nWhe[n] such words are spoken, the law raises a prima facie presumption of malice and a conclusive presumption of legal injury and damage, entitling the victim of the defamation to recover damages, nominal at least, without specific proof of injury or damage.\nBadame, at 756, 89 S.E.2d at 467 (citation omitted).\nAs here, when defamatory words are spoken with the intent that the words be reduced to writing, and the words are in fact written, the publication is both slander and libel. Bell v. Simmons, 247 N.C. 488, 494, 101 S.E.2d 383, 387 (1958) (defamatory statements made to a newspaper reporter with the intent that the newspaper publish them, which are published, are both slander and libel).\nFirst, we determine as a matter of law that ordinary men would naturally understand defendant\u2019s statements to the newspaper reporter as disgracing plaintiff in his profession as an attorney and hurtful to his reputation. \u201cIncompetent\u201d means \u201c[o]f inadequate ability or fitness; not having the requisite capacity or qualification; incapable.\u201d Oxford English Dictionary 166 (1st ed. 1971). On its face, the statement has but one meaning, defamatory per se, which degrad\u00e9s plaintiffs legal ability and disgraces him in his capacity as an attorney. Such imputations tend to prejudice plaintiff in his livelihood.\nSecond, reviewing the evidence in the light most favorable to plaintiff, we determine that plaintiff introduced evidence showing that defendant\u2019s words were false, that plaintiff was competent as an attorney, and that termination of superior court after only two days of trial did not show incompetence as a matter of law.\nB\nQualified privilege\nPlaintiff next argues that he introduced evidence showing material issues of fact concerning defendant\u2019s affirmative defense of qualified privilege. We agree.\nQualified privilege is a defense for a defamatory publication, which:\ngrew out of the desirability in the public interest of encouraging a full and fair statement by persons having a legal or moral duty to communicate their knowledge and information about a person in whom they have an interest to another who also has an interest in such person.\nStukuls v. State, 397 N.Y.S.2d 740, 744, 366 N.E.2d 829, 833 (1977).\nA defamatory statement is qualifiedly privileged when made (1) on subject matter (a) in which the declarant has an interest, or (b) in reference to which the declarant has a right or duty, (2) to a person having a corresponding interest, right or duty, (3) on a privileged occasion, and (4) in a manner and under circumstances fairly warranted by the occasion and duty, right or interest. Towne v. Cope, 32 N.C. App. 660, 663, 233 S.E.2d 624, 626-27 (1977) (citation omitted). \u201cThis duty may be public, personal, or private and of a legal, judicial, political, moral, or social nature.\u201d Shaping, at 245, 365 S.E.2d at 714 (citation omitted). \u201cPublication of the official acts of public men and bodies is in the public interest.\u201d Yancey v. Gillespie, 242 N.C. 227, 230, 87 S.E.2d 210, 212 (1955).\n\u201cWhefn] the affirmative defense of privilege is alleged, the burden is on the defendant to establish facts sufficient to show that the publication of the alleged defamation was made on a privileged occasion.\u201d Shuping, at 245, 365 S.E.2d at 714 (citations omitted). \u201c \u2018Whether the occasion is privileged is a question of law for the court, subject to review, and not for the jury, unless the circumstances of the publication are in dispute, when it is a mixed question of law and fact.\u2019 \u201d Id. (citation omitted).\nIf the court determines as a matter of law that the occasion is privileged, defendant has \u201ca presumption that the statement was made in good faith and without malice.\u201d Shreve, at 651, 389 S.E.2d at 446. Since defendant\u2019s presumption rebuts plaintiff\u2019s presumption of actual malice, plaintiff then has the burden of proving \u201cboth the falsity of the charge and that it was made with actual malice.\u201d Boston v. Webb, 73 N.C. App. 457, 460, 326 S.E.2d 104, 106, review denied, 314 N.C. 114, 332 S.E.2d 479 (1985) (citation omitted).\nActual malice may be proven by evidence of ill-will or personal hostility on the part of the declarant ... or by a showing that the declarant published the defamatory statement with knowledge that it was false, with reckless disregard for the truth or with a high degree of awareness of its probable falsity.\nKwan-Sa You v. Roe, 97 N.C. App. 1, 12, 387 S.E.2d 188, 193 (1990) (citations omitted). If plaintiff cannot meet his burden of showing actual malice, the qualified privilege operates as an absolute privilege and bars any recovery for the communication, even if the communication is false. See Stukuls, at 742, 366 N.E.2d at 831.\nThe trial court determined, and we agree, that defendant\u2019s statements were entitled to qualified privilege. Defendant was a district attorney running for re-election who had a political interest in responding to accusations that he had acted improperly in firing plaintiff for political reasons. Defendant also had an interest in defending his employment decisions. Defendant\u2019s firing of a governmental employee was clearly the \u2018official act of a public man.\u2019 The persons to whom defendant ultimately communicated the statements were the citizens and voters of the county, who had a public interest in their elected district attorney\u2019s official acts. Defendant made the statements in an appropriate manner, an interview, to a local newspaper reporter for news publication in response to plaintiff\u2019s statements made for news publication, circumstances fairly warranted by plaintiff\u2019s presentation of information. Therefore, defendant\u2019s statements are presumed to be made in good faith and without malice, cancelling plaintiff\u2019s presumption of actual malice arising on statements defamatory per se.\nWhen defendant\u2019s presumption of good faith rebuts plaintiff\u2019s presumption of actual malice, plaintiff assumes the burden of showing actual malice, and our review of the evidence in the light most favorable to plaintiff shows genuine issues of material fact on both the falsity of the charge and the existence of actual malice, precluding entry of summary judgment for defendant. We determine that there is ample evidence in the record that defendant\u2019s statement was false and made with actual malice. Defendant fired plaintiff within days after the newspaper published a letter from plaintiff\u2019s mother in support of defendant\u2019s political opponent, and the vehement character of the statement to the newspaper are some evidence of defendant\u2019s ill-will toward plaintiff. Plaintiff also introduced evidence that he was a competent assistant district attorney.\nII\nPlaintiff contends that defendant intentionally interfered with his contractual relations with his clients when defendant required plaintiff to negotiate directly with defendant, rather than allowing plaintiff to negotiate with assistant district attorneys. We disagree.\nThe tort of interference with contract has five elements:\n(1) a valid contract between the plaintiff and a third person which confers upon the plaintiff a contractual right against a third person;\n(2) the defendant knows of the contract;\n(3) the defendant intentionally induces the third person not to perform the contract;\n(4) and in doing so acts without justification;\n(5) resulting in actual damage to plaintiff.\nUnited Laboratories, Inc. v. Kuykendall, 322 N.C. 643, 661, 370 S.E.2d 375, 387 (1988) (citation omitted).\nAssuming, arguendo, that a valid contract existed between plaintiff and his clients, of which defendant had knowledge, no record evidence supports plaintiff\u2019s contention that defendant intentionally induced plaintiff\u2019s clients to breach their contracts with plaintiff. Plaintiff\u2019s deposition testimony was that plaintiff did not think that defendant contacted any of plaintiff\u2019s clients and defendant testified that he never contacted or attempted to contact any of plaintiff\u2019s clients. Assuming for the sake of argument that defendant\u2019s requirement that plaintiff negotiate directly with defendant rather than with assistant district attorneys virtually destroyed plaintiff\u2019s ability to enter into attorney-client contracts with criminal defendants, defendant was clearly justified in setting such a requirement because of his prosecutorial duties and scope of authority. Finally, there is no record evidence supporting plaintiff\u2019s contention that defendant\u2019s actions caused plaintiff actual damages. Within a week after plaintiff established his private law practice, he accepted employment and began work with the Buncombe County District Attorney\u2019s Office.\nWe find no merit in plaintiff\u2019s remaining assignments of error. We vacate entry of summary judgment on plaintiff\u2019s defamation action and remand it for trial. We affirm entry of summary judgment on the remaining claims.\nAffirmed in part, vacated in part and remanded.\nJudges Johnson and Parker concur.", "type": "majority", "author": "GREENE, Judge." } ], "attorneys": [ "Gillespie, Lesesne & Connette, by Edward G. Connette, for plaintiff-appellant.", "Lacy H. Thornburg, Attorney General, by Norma S. Harrell, Assistant Attorney General, for the State." ], "corrections": "", "head_matter": "ROBERT W. CLARK v. JOSEPH G. BROWN\nNo. 8927SC514\n(Filed 3 July 1990)\n1. Libel and Slander \u00a7 16 (NCI3d|\u2014 statement to newspaper reporter \u2014 plaintiff\u2019s competency as lawyer attacked \u2014 statement slander and libel per se\nEvidence was sufficient to show that defendant district attorney\u2019s statement was both slander and libel per se where it tended to show that defendant told a newspaper reporter, and thus spoke with the intent that the words be reduced to writing, that plaintiff assistant district attorney was incompetent because he conducted only two days of trial before stating that he had nothing else ready to go forward for trial; ordinary men would naturally understand defendant\u2019s statements as disgracing plaintiff in his profession as an attorney and hurtful to his reputation; and plaintiff introduced evidence showing that defendant\u2019s words were false, that plaintiff was competent as an attorney, and that termination of superior court after only two days of trial did not show incompetence as a matter of law.\nAm Jur 2d, Libel and Slander \u00a7\u00a7 9-12,122,123,148,195-199.\n2. Libel and Slander \u00a7 16 (NCI3d)\u2014 plaintiff\u2019s competency as lawyer attacked \u2014 qualified privilege claim rebutted \u2014 summary judgment for defendant improper\nThe trial court erred in entering summary judgment for defendant district attorney in a libel and slander action by plaintiff, a former assistant district attorney, based on defendant\u2019s statement to a reporter that he dismissed plaintiff because plaintiff was incompetent where plaintiff raised genuine issues of fact on both the falsity of the charge of incompetence and the existence of actual malice, thus rebutting defendant\u2019s claim of qualified privilege, by offering evidence that he was a competent assistant district attorney, that defendant fired him within days after the newspaper published a letter from plaintiff\u2019s mother in support of defendant\u2019s political opponent, and that defendant\u2019s statement to the newspaper about plaintiff was of a vehement character.\nAm Jur 2d, Libel and Slander \u00a7\u00a7 9-12,122,123,148,195-199.\n3. Contracts \u00a7 34 (NCI3d)\u2014 intentional interference with contract \u2014 insufficiency of evidence\nThe trial court properly entered summary judgment for defendant district attorney on plaintiff attorney\u2019s claim of intentional interference with contract where plaintiff contended that defendant intentionally interfered with his contractual relations with his clients when defendant required plaintiff to negotiate directly with defendant rather than allowing plaintiff to negotiate with assistant district attorneys, but there was no evidence that defendant induced plaintiff\u2019s clients to breach their contracts with plaintiff; defendant was clearly justified in setting the requirement that plaintiff negotiate with him because of his prosecutorial duties and scope of authority; and there was no evidence supporting plaintiff\u2019s contention that defendant\u2019s actions caused plaintiff actual damages, as plaintiff, within a week after establishing his private law practice, accepted employment and began work with another county\u2019s district attorney\u2019s office.\nAm Jur 2d, Interference \u00a7\u00a7 6, 25, 28, 57-61.\nAppeal by plaintiff from judgment filed 21 February 1989 by Judge John R. Friday in GASTON County Superior Court. Heard in the Court of Appeals 22 November 1989.\nGillespie, Lesesne & Connette, by Edward G. Connette, for plaintiff-appellant.\nLacy H. Thornburg, Attorney General, by Norma S. Harrell, Assistant Attorney General, for the State." }, "file_name": "0255-01", "first_page_order": 285, "last_page_order": 295 }