Attorney for the Appellant
Michael J. McCarthy
Attorney for the Appellee
Robert V.P. Waterman Jr. and Alexander C. Barnett
Court of Appeals
Court of Appeals Opinion
Appeal from the Iowa District Court for Scott County, Thomas G. Reidel, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and May, JJ. Opinion by Doyle, J. (12 pages)
Andrew Duyvejonck appeals the district court’s summary judgment ruling concluding a statement allegedly made by Debra Clydesdale about Duyvejonck was an expression of opinion and not defamation per se. OPINION HOLDS: Given the circumstances and context in which the alleged statement was made, we agree with the district court that the statement made by Clydesdale constituted protected non-actionable opinion speech. Thus, Duyvejonck cannot establish a prima facie case of defamation and his claim fails as a matter of law. So we affirm the district court’s ruling granting summary judgment for Clydesdale.