DAN HARTZOG (Raleigh) and STEPHANIE GASTON POLEY (Raleigh) successfully obtained Summary Judgment in a defamation and misrepresentation case. Plaintiff, a radiologist, alleged that statements made by Defendant, an orthopedic surgeon, resulted in a lawsuit being filed against him for medical malpractice and fraud. Defendant denied making any alleedly defamatory or false statements regarding Plaintiff. After deposing Plaintiff and Defendant, as well as the claimant and claimant’s attorneys in the underlying medical malpractice action, Defendant moved for Summary Judgment. The Court found that taking the evidence in the light most favorable to Plaintiff, any allegedly defamatory statements made by Defendant were made to claimant’s attorneys in preparation of claimant’s medical malpractice lawsuit, and thus, were subject to an absolute privilege. The Court entered Summary Judgment on all claims in favor of the defendant.
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