James Lee Martin v. Outboard Marine

The order appealed from granted the defendant a new trial on all issues. The plaintiff James Lee Martin commenced a suit for libel against the defendant Outboard Marine Corporation and Robert H. Scott, the sales manager of its Evinrude motors division, based upon a letter of October 30, 1957, which was sent by the defendants to all Evinrude dealers in Indiana, Ohio, and Kentucky. The plaintiff was a dealer in boats, outboard motors and marine equipment in Louisville, Kentucky, and alleged damages to his reputation and business, special and punitive damages, and that the letter was false and published with malice or with gross negligence. The answer denied the allegations and pleaded several affirmative defenses including privilege. The letter complained to be libelous, reads as follows: