Wilson v. Harvey
Ohio Court of Appeals
842 N.E.2d 83 (2005)
- Written by Brianna Pine, JD
Facts
Jeffrey Wilson (plaintiff) and Alexander Harvey, Yixing Chen, and Michael Marcello (the dormmates) (defendants) were students at Case Western Reserve University living on the same dormitory floor. While Wilson was away, the dormmates created flyers portraying Wilson as homosexual. The flyers included Wilson’s photograph, name, email, and phone number, and stated that he was seeking a nonsmoking, gay, White male who enjoyed dominating. Approximately 25 flyers were posted around campus. Wilson sued the dormmates for defamation. Wilson testified that he was not homosexual and that the flyers caused him embarrassment, humiliation, ridicule, and annoyance. He also claimed that he suffered a loss of reputation and a drop in grade point average and incurred additional commuting expenses from staying at his parents’ home for nine days. Wilson testified that he received numerous phone calls and emails inquiring about the flyers, some of which he perceived as offensive or unwanted. At the close of Wilson’s case, the trial court granted a directed verdict for the dormmates. Wilson appealed.
Rule of Law
Issue
Holding and Reasoning (Conway Cooney, J.)
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