Facts

Plaintiff Susan Kizziee worked as a field representative for defendant Healthcare Workers Union Local 250. In March 2000, plaintiff's employment was terminated. Prior to the termination, an investigation was conducted regarding complaints that were made against the plaintiff. After the termination, those who supported the plaintiff protested at defendant's Oakland office. The protestors wanted the plaintiff to be reinstated, and they insisted that they receive an explanation for her termination. Accordingly, defendant distributed a letter containing an explanation to its staff and shop stewards who were represented by the plaintiff.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the allegations in the letter were false and the letter was defamatory on its face. Further, the defamation was "defamation per se," as it involved a private figure in a matter of private concern.

DEFENDANT'S CONTENTIONS:
The defendant contended that the defamation was "defamation per quod," as it involved a private figure in a matter of public concern. The defendant's conduct was therefore protected pursuant to statutory privilege. To succeed on her claim, the plaintiff thus has to show that the defendant's statements were false. Further, the plaintiff must prove that the defendant was not privileged and acted with malice.

Damages

The plaintiff suffered injury to her profession, which included loss of salary, seniority and benefits. She sought punitive damages based on her claims of oppression, fraud, malice and willful and conscious disregard of her rights.

Injuries

The plaintiff claimed loss of reputation, shame, mortification and injured feelings.

Result

Judgment for defendant.