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JACOBS v. FRANK

No. 90-320.

60 Ohio St. 3d 111 (1991)

JACOBS, APPELLEE, v. FRANK, APPELLANT.

Supreme Court of Ohio.

Decided June 5, 1991.

Attorney(s) appearing for the Case

Robert D. Gary and Jori Bloom Naegele, for appellee.

Gallagher, Sharp, Fulton & Norman, Jay Clinton Rice and Kevin C. Alexandersen, for appellant.

Vorys, Sater, Seymour & Pease, John Winship Read, Timm H. Judson, Anthony J. O'Malley and Timothy G. Clancy, urging reversal for amicus curiae, Virginia State Board of Medicine.

MOYER, C.J.

Our disposition of this case begins with a determination as to whether Frank has a qualified privilege pursuant to R.C. 2305.25 that protects the statements he wrote in his October 25 letter.1 If the statements in Frank's letter are cloaked with a qualified privilege, Jacobs must prove Frank acted with "actual malice" to defeat the protection afforded by the statute.

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