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McFarland v. Boisseau

Appellants Melodie McFarland and Pamela Lykes challenge the jury verdict determining they published statements about appellee, Stacie Boisseau, that were defamatory per se. Once a party objects to the inclusion of invalid bases for liability in the charge, this objection also preserves error for any impact the wrongful inclusion has on other charge questions. The trial court's judgment is reversed and remanded. Houston's 1st Court of Appeals, No. 01-11-00088-CV, 12-15-2011.

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OPINION

Appellants, Melodie McFarland and Pamela Lykes, challenge the jury verdict determining they published statements about appellee, Stacie Boisseau, that were defamatory per se. In three issues, appellants argue (1) most of the statements were not defamatory per se and should not have been submitted to the jury; (2) the trial court erred by instructing the jury that proof of damages was not required for the statements that were not defamatory per se; and (3) the trial court erred by denying their motion for new trial after disregarding certain answers by the jury that formed some part of the basis for the jury’s award of damages.

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