The owner of two Duluth tanning salons was scheduled to be in St. Louis County Court today for a trial on his claim that WDIO-TV defamed him in its reporting after he was charged with videotaping three female customers without their knowledge.
There will be no trial. The two sides reached an undisclosed settlement Monday after ongoing discussions Saturday and Sunday.
Franklin Curtiss, owner of two Baja Tanning salons, at 4602 Grand Ave. and 1342 W. Arrrowhead Road, sued the television station on Nov. 28, 2006, claiming it made false statements about him on its news broadcasts or its Web site in February, May, June and September of 2005.
The February 2005 TV report was based on a Duluth police search of Curtiss' West Duluth tanning salon.
Curtiss' stepdaughter filed a lawsuit against him in March 2005 alleging that Curtiss had videotaped her and two other female customers in various stages of undress. She claimed that Curtiss invaded her privacy and she suffered serious mental and emotional distress. In connection with the woman's allegations, Curtiss also was charged with the misdemeanor crime of interference with privacy.
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A St. Louis County jury in March 2006 dismissed the claims and cleared Curtiss of any wrongdoing in the civil case. A day later, the criminal charge against him also was dismissed.
In his lawsuit, Curtiss claimed WDIO anchorman Dennis Anderson and former station reporter Margaret Clevenstine made false statements in their reporting that resulted in harm to Curtiss' business and reputation in the community.
The plaintiff was asking for damages in excess of $50,000.
In its court-filed answer to Curtiss' claims, WDIO denied that it had any defamation liability for its reports. The station also argued that Curtiss was a public figure for defamation law purposes and that even if he were a private figure, he still must prove actual malice in order to recover presumed or punitive damages.
The defendants said their reportage was on matters of public concern, for a proper motive, on a proper occasion and based upon reasonable cause.
"Efforts to settle the case were lengthy, and it was a lot of work,'' said Duluth attorney Joe Roby, who represented WDIO. "It started with mediation months ago. There were talks on and off and the talks got heavy recently. Both sides worked very hard on it, including over the weekend, and were able to arrive at an amicable resolution.''
During a phone interview Monday evening, Curtiss said all he wanted was for the public to know that he did nothing wrong at his tanning salon. He said he couldn't comment further on the settlement.
When reached at the television station Monday, Anderson said a confidentiality agreement precluded him from commenting on the case.
