Burns v. Denver Post, Inc.

RULAND, Judge,

dissenting.

I respectfully dissent.

In my view, no speculation is required to determine the meaning of the quoted material. See Bucher v. Roberts, Colo., 595 P.2d 239 (1979). Taken in proper context, Sergeant Burns’ remarks are not limited to a mere opinion as to why Ms. Burns divorced her husband. These remarks also clearly describe what she did, namely, Ms. Burns deserted the sergeant in a time of great need solely because of his injuries — ran act of “the basest ingratitude . . deserving the contempt of all right minded people.” Smith v. Smith, 73 Mich. 445, 41 N.W. 499 (1889). Hence, I view the quoted material as defamatory. Bucher v. Roberts, supra; see also, Buckley v. Littell, 539 F.2d 882 (2d Cir. 1976). Therefore, I would reverse the summary judgment and remand the case for further proceedings.