Martin v. Wegman

Citations

• 2019 Ohio 2935

Syllabus

CIV.R. 12(B)(6) – DEFAMATION – DAMAGES: The trial court did not err in granting defendant's Civ.R. 12(B)(6) motion to dismiss plaintiff's complaint for failure to state a claim upon relief could be granted where plaintiff failed to allege facts sufficient to support a claim of defamation per se because the allegedly defamatory statement required interpretation in order to be considered defamatory, and plaintiff failed to properly plead a claim for defamation per quod because he did not allege any special damages such as pecuniary, economic, or specific harm related to his profession however, the dismissal should have been without prejudice.