Bob H. Musser v. Smith Protective Services, Inc.…

Summary

The Texas Supreme Court affirmed the Court of Appeals' judgment that Smith's letter was not reasonably capable of a defamatory meaning and therefore not libelous. The Court held that the legal question of whether the words are defamatory is for the trial court as a matter of law. A dissent argued the majority improperly substituted its judgment for that of the trial court and would have affirmed the trial court's finding of libel.