VARANESE v. GALL

No. 87-636.

35 Ohio St. 3d 78 (1988)

VARANESE, APPELLEE, v. GALL ET AL.; LAKE-GEAUGA PRINTING COMPANY, D.B.A. GEAUGA TIMES LEADER, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided February 3, 1988.


Attorney(s) appearing for the Case

Don C. Iler Co., L.P.A., and Don C. Iler, for appellee.

Gallagher, Sharp, Fulton & Norman, Forrest A. Norman and James M. Speros, for appellant.


DOUGLAS, J.

The instant appeal poses a single question: Did appellee present evidence sufficient to withstand appellant's motion for summary judgment on the issue of actual malice? For the following reasons, we hold that she did not.

The parties to this appeal do not dispute appellee's status as a public official. As such, appellee bears the burden of proving, with convincing clarity, that appellant published the advertisement at issue with actual malice....

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