George Dienes v. Associated Newspapers

Plaintiff, George Dienes, filed this defamation action on March 9, 1981, in Wayne County Circuit Court against Associated Newspapers, Inc., Sienna LaRene, the Michigan Humane Society, WXYZ, Inc., and John and Mary Doe, jointly and severally. On May 17, 1983, WXYZ, Inc. (defendant), only moved for summary judgment, GCR 1963, 117.2(3), alleging that the plaintiff had presented no genuine issue of material fact. The motion was heard on June 10, 1983, and granted by the Wayne Circuit Court. Plaintiff appeals as of right. On March 11, 1980, the Michigan Humane Society received a report that a number of cattle were apparently starving on plaintiff's farm in Belleville. The Society obtained a search warrant and conducted an examination of the cows on March 12, 1980. Present were Sienna LaRene, a Humane Society attorney; Dr. Earl Milliman, a Humane Society veterinarian; Michigan State Troppers Carey Wise and Peter Munoz; plaintiff's next-door neighbor Harold Dubois; and a WXYZ television news crew consisting of a cameraman and reporter Rich Fisher. The plaintiff was not at home when the group arrived, but returned during the investigation. He was advised by Ms. LaRene to retain counsel and have his attorney contact her.