MITNAUL v. PETROSH (2026)

Writ granted in part. The four elements necessary to establish a defamation cause of action are (1) a false and defamatory statement concerning another; (2) an unprivileged publication to a third party; (3) fault (negligence or greater) on the part of the publisher; and (4) resulting injury. Costello v. Hardy, 03-1146, p. 12 (La. 1/21/04), 864 So.2d 129, 139. As to plaintiff's defamation claim against Andrea Petrosh, defendants moved for summary judgment asserting plaintiff could not show any statement Andrea made was false or defamatory, or that the statement (letter) was published to an unprivileged (non-law enforcement) third party.

This court finds the district court correctly determined that material issues of fact exist as to these two elements which precludes defendants’ entitlement to summary judgment under La. C.C.P. art. 966. Therefore, the ruling of the court of appeal granting summary judgment as to plaintiff's claim of defamation against Andrea Petrosh is reversed, and the ruling of the district court denying defendants’ motion for summary judgment on that particular claim is reinstated. In all other respects the writ application is denied.

PER CURIAM

Hughes, J., dissents and would deny. Cole, J., dissents and would deny.