Defamation-Common Interest Privilege

WI Court of Appeals – District III

Case Name: Robert Burrows, Jr. v. Steve Ninham

Case No.: 2024AP002319

Officials: Stark, P.J., Hruz, and Gill, JJ.

Focus: Defamation-Common Interest Privilege

Robert Burrows Jr. and Roberta Kreuser alleged defamation and intentional infliction of emotional distress from an alleged incident where restaurant employees reported that Kreuser made racially offensive comments during two visits to a Green Bay hotel restaurant, resulting in General Manager Ninham sent the Burrows a letter banning them from the hotel and related facilities. The letter stated that their conduct jeopardized the hotel’s reputation. A circuit court granted summary judgment in favor of Ninham and Ambridge Hospitality.

The Court of Appeals found that the Burrows failed to establish the elements of defamation. First, they did not show that the allegedly defamatory letter was communicated to a third party because the entities copied on the letter were subdivisions of a commonly owned and managed organization. Second, even assuming third-party publication, the letter was protected by the common-interest privilege because the recipients shared an interest in enforcing the ban and protecting the business. The Burrows also failed to show that Ninham knowingly or recklessly disregarded the truth of the information he received from employees.

The court likewise rejected the intentional-infliction-of-emotional-distress claim citing the fact that the Burrows presented no evidence that Ninham or Aimbridge intended to cause them emotional distress..

Affirmed.

Decided 08/11/26

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