Because plaintiff failed to provide sufficient evidence of special damages to show injury to his reputation from the false and malicious listing of his phone number on the Internet, his claim will not survive a motion for summary judgment, the 10th U.S. Circuit Court of Appeals held Jan. 28, affirming the district court’s decision ( Zeran v. Diamond Broadcasting Inc., 10th Cir., Nos. 98-6092 and 98-6094, 1/28/00).

The plaintiff, Kenneth Zeran of Seattle, Wash., brought suit in U.S. District Court for the Western District of Oklahoma against Diamond Broadcasting Inc., the owner of KRXO, an Oklahoma City radio station. Zeran alleged defamation, false light invasion of privacy, and intentional infliction of emotional distress. The district court granted Diamond Broadcasting’s motion for summary judgment, and Zeran appealed the district court’s order.