The Charleston City Paper defamed a former children's protective
guardian by publishing false allegations about her, the South Carolina
Supreme Court ruled Monday.
Linda Erickson of Dorchester County could potentially reap millions of
dollars in actual and punitive damages against the alternative weekly, her
lawyer said.
Erickson sued the paper's parent, Jones Street Publishers, over a
January 2000 front-page story that addressed the guardian ad litem system,
which assigns people to represent the interests of a child in court and
legal matters.
In the article, "In A Child's Best Interest: Is the guardian ad litem
program giving children a voice?," a Summerville grandmother whose
daughter was going through a divorce made unfounded allegations against
Erickson's professional abilities. Erickson was a private guardian for the
woman's granddaughter.
Among Patricia Beal's charges were that Erickson had not properly
investigated her daughter's case, had reached erroneous conclusions and
had manipulated the Family Court. Beal is the grandmother.
Erickson was not identified by name in the story, but it was accepted
in court that she was the person assailed in the article, her lawyer's
office said.
Erickson sued the paper, claiming false allegations printed by the
paper helped to ruin her career.
In its ruling, the high court said the paper erred on several fronts,
including by failing to check before publication the reliability of
charges made by a grandmother in a heated divorce case.
The justices also ruled Erickson was a private figure who did not seek
the spotlight in the dispute over reforming the guardian system. That
meant Erickson did not have to prove the newspaper acted maliciously, a
standard that has to be met in cases involving public officials.
Erickson cannot be transformed into a public figure by Beal or by the
newspaper "by dragging her unwillingly into the controversy" over guardian
reform, the justices said.
The court ordered that a new jury be seated to decide on damages.
Erickson's lawyer, Russell Stemke of the Isle of Palms, said the ruling
goes a long way toward better defining who can be labeled a public figure
in South Carolina.
The ruling is the second favorable decision Erickson has received in
recent weeks over attacks she suffered in her role as a guardian.
Late last month, Erickson was awarded nearly $6.5 million in actual and
punitive damages by a Charleston County jury after she sued a group of
citizens over similar allegations made against her.
One of the defendants in that suit was Beal.
City Paper publisher Noel Mermer did not return a tele- phone message
Monday, and reporter Bill Davis declined comment.
The Ciy Paper's lawyer, John Kerr of Charleston, said he was studying
the court's lengthy ruling and declined comment.
Kerr also serves as attorney for The Post and Courier.
Reach Schuyler Kropf at 937-5551 or skropf@postandcourier.com.