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TURF LAWNMOWER REPAIR v. BERGEN RECORD CORP.

139 N.J. 392 (1995)

655 A.2d 417

TURF LAWNMOWER REPAIR, INC., A NEW JERSEY CORPORATION AND JOHN L. GLORIA, PLAINTIFFS-APPELLANTS, v. BERGEN RECORD CORPORATION, BRUCE LOCKLIN, MARY ANNE DE MARCO, DAVID HALL, AND BYRON CAMPBELL, DEFENDANTS-RESPONDENTS, AND EDWARD MITCHELL, D/B/A EDDIE'S POWER EQUIPMENT, MARK WINNERS, ROBERT VROEGINDAY, DOUGLAS LIVINGSTON, JOHN DOE AND RICHARD ROE, INC., DEFENDANTS.

The Supreme Court of New Jersey.

Decided March 15, 1995.

Attorney(s) appearing for the Case

Richard E. Brennan argued the cause for appellants (Shanley & Fisher and Mark P. Denbeaux, attorneys; Mr. Brennan, Mr. Denbeaux, and Joseph M. Cerra, on the briefs).

Peter G. Banta argued the cause for respondents (Winne, Banta, Rizzi, Hetherington & Basralian, attorneys; Donald A. Klein and Craig L. Levinsohn, on the brief).

Thomas J. Cafferty argued the cause for amicus curiae, New Jersey Press Association (McGimpsey & Cafferty, attorneys; Mr. Cafferty and Arlene M. Turinchak, on the brief).

The opinion of the Court was delivered by GARIBALDI, J.

This defamation appeal involves two newspaper articles that accused plaintiffs, Turf Lawnmower Repair, Inc., (Turf) and its owner and president, John L. Gloria, of deceptive business practices that "ripped off" customers. In this appeal we determine whether actual malice is the appropriate standard for all businesses, or whether negligence is the more appropriate standard of proof in defamation actions that involve...

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