Libel, Slander, defamation of character defined as personal injury under homeowner's.

[RobertW]

Name: Robert W

Subject: Libel, Slander, Defamation of character

Body: Background:

During the Strike of '97 between United Parcel Service and the Teamster's Union I was employed by UPS (still currently employed).
I was on the picket line when I was struck and knocked down by a UPS vehicle driven by a manager. I saw a doctor, and filed a claim against UPS's insurance carrier, Liberty Mutual.
Liberty Mutual denied the claim. They conducted an "investigation" and determined that I faked the incident.
Part of the investigation involved an interview with "Peggy", as well as two managers.

Peggy stated that I faked the incident and she saw it personally. Under oath, she described with great detail my actions and where she was positioned to witness these actions. She sounded very convincing. In fact I was arrested for insurance fraud as a result of this testimony.

Recently, I was able to obtain a video that recorded almost the entire incident. I showed the video to my attorney, and in turn he has now showed the D.A.
The video footage contradicts the testimony given by Peggy, as well as the manager that was driving the UPS vehicle. In fact, the video shows that Peggy was not even in a position to actually witness the incident. The video shows that she either lied about where she was standing at the moment the truck made contact with me, or she was greatly mistaken about all the key elements.

The D.A. for the county has now offered a plea bargain to me. Before the video, a felony conviction and three
years in prison. After the video, now the offer is a misdemeanor and 23 days of work project. My attorney feels the
D.A. will most likely dismiss soon.

HERE ARE THE QUESTIONS:

Can I sue Peggy for slander, libel, etc..?
Is she immune from such a lawsuit since she made the statements under oath as a witness in a criminal proceeding?
Can I sue the manager that hit me?
Can I sue UPS since he represents the company and was on the clock during the incident?
Is any of this considered harrasment resulting from a labor dispute?

What other options do I have?

 

[I AM ALWAYS LIABLE]

HERE ARE THE QUESTIONS:

Can I sue Peggy for slander, libel, etc..?

<<Unfortunately, no. Anything that a party or witness says in a court proceeding (and a deposition is a court proceeding, even though it takes place in a law office), privileged. Even fraudulent and malicious statements are absolutely privileged if:

· Made in a judicial or quasi-judicial proceeding (not necessarily in the courthouse);

· By litigants or other participants authorized by law;

· To further the objects of the litigation; and

· Having some connection or logical relation to the action. [Silberg v. Anderson, supra, 50 Cal.3d at 213-214, 266 Cal.Rptr. at 642; see Rothman v. Jackson (1996) 49 Cal.App.4th 1134, 1141, 57 Cal.Rptr.2d 284, 288]

However, she is liable to you in actual damages (plus punitive damages) for causing you the false arrest, false imprisonment, costs of defense, and attorney's fees, insofar as her lies are what caused you to suffer the same.>>

Is she immune from such a lawsuit since she made the statements under oath as a witness in a criminal proceeding?

<<She is immune from you as far as defamation is concerned, but not the other above-mentioned actions you have against her. She is not immune from Criminal prosecution, either. It's the same penalty as if she lied in a courtroom.>>


Can I sue the manager that hit me?

<<Of course.>>


Can I sue UPS since he represents the company and was on the clock during the incident?

<<Of course.>>


Is any of this considered harrasment resulting from a labor dispute?

<<Extremely difficult to prove under this scenario.>>


What other options do I have?

<<You have the option to see smoke under your shoes, because that's how fast you're going to get to the lucky attorney who gets the opportunity to represent you in your absolutely wonderful claims!!>>

Good luck to you.

IAAL



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