The United States Court of Appeals for the Eleventh
Circuit upheld a lower court’s order granting summary
judgment in favor
State Farm
Insurance in
Gunder’s Auto
Center’s claim against the nation’s largest
personal auto insurer for slander and tortious
interference with a business relationship.
Ray Gunder, the founder of the central
Florida’s 43 year-old auto collision repair and
mechanical auto service center made the following
statements:
“After getting the court’s
decision, I re-read it and just sat in disbelief
just staring at it for hours. Is it really possible in
this country for a huge conglomerate like State Farm to
attack my small business with what are known to be
outrageous lies and be considered legally privileged?
As I understand it, the legal rule is that the
so-called “privilege” is forfeited if derogatory and
defamatory comments are made with “Express Malice”. To
be considered “Express Malice” one would need to reach
the level of calling me and/or my family murderers and
rapists.
State Farm came after us in 2004 in an attempt to
silence my voice by attacking our company’s reputation
in our community and their attempt to financially
destroy our business by steering customers away with
totally untrue and outrageous lies ... and that,
according to the court, at least in my case ... is
legal!? This ruling is justice?
It’s important to understand that if this ruling stays;
every honest and ethical shop owner in the industry is
in jeopardy of similar efforts against them if they
don’t fall in line and do as they’re told by this
megalith insurer and other insurers who may chose to
follow suit!
This ruling is scary for “all” of us. Although this is
but one ‘leg’ of my legal journey to correct the
harmful and predatory practices of some insurers, it’s
a very bitter pill to swallow!
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Know this; I’ve been knocked down but I’m “not” knocked
out. I’m going to continue to “pound that rock” and
find the justice that I believe exists in our legal
system! While I’m not a poker player, the term “I’m all
in” is indeed applicable as I’m too far invested in
time and finances to quit now and I’ve never been one
to see a wrong and not try to make it right and with
the best legal representation one could hope for, we
will continue to move on.
What one doesn’t find in this decision is one of the
most important parts; State Farm speaking improperly
and slandering Gunder’s “once” is privileged in the
courts opinion, but speaking lies “over” and “over”
again knowing they are lies is indeed “Express Malice”!
We will prove that State Farm has continuously
committed Slander with Express Malice and have done so
regularly with an evil intent.
I believe with “right there’s might” and Gunder’s will
press on and we will begin by giving serious
consideration to submitting a request for a review and
appeal with the United State’s Supreme Court.”
A copy of the court’s ruling may be found here.
