Criminal defense attorney Larry L. Archie received a good bit of publicity recently over his slogan, “Just Because You Did It Doesn’t Mean You’re Guilty,” as shown below on a North Carolina billboard. Yesterday, the Virginia Supreme Court issued a ruling that stands for a similarly counterintuitive proposition: despite the widespread notion that “truth is a complete defense” to defamation claims, you can’t always escape liability for slander even if everything you said was literally true. Even where the words, when read out of context, are literally true and defamatory meaning is not immediately apparent, Virginia law permits a plaintiff to maintain an action for defamation where innuendo would lead a reasonable reader to infer a defamatory meaning.
The case of Pendleton v. Newsome involves the heartbreaking story of a seven-year-old child with a severe peanut allergy who ingested a peanut at school and died. According to the allegations in the complaint, the child’s mother, Laura Mary-Beth Pendleton (the plaintiff) had informed the school staff earlier in the school year about her daughter’s severe allergy to peanuts, that she provided the school with specific instructions, signed by the child’s pediatrician, about how to treat her daughter in the event of an emergency, and that she brought in an “EpiPen Jr.” for the school to keep on hand to inject Epinephrine if needed. She alleges she was told by the school’s clinic assistant that they already had all the equipment they needed and didn’t need the EpiPen.