Will Henderson and Express Refunds, Inc. d/b/a Henderson Tax Service v. Clear Channel Broadcasting, Inc. Janice Fullilove, and Bruce Demps

This is a defamation case. After listening to a local talk radio show, the plaintiffs filed a lawsuit against the defendants, asserting that the defendants had broadcast defamatory material on the radio show concerning the plaintiffs’ business practices. There was no recording of the talk radio show. In a bench trial, many witnesses testified about statements made on the show. After the trial, the trial court found that there were so many different versions, there was no way to determine what was actually said on the radio program. The trial court concluded that, assuming unflattering statements were made, they did not damage the plaintiffs’ reputations. The trial court also concluded that, even if the statements made were defamatory, the plaintiffs did not prove any injury. The plaintiffs appeal. We affirm, finding that the evidence does not preponderate against the trial court’s decision.