Ted Head Litigation Dead

The cryogenics company that holds the head of baseball legend Ted Williams has lost its bid for defamation damages against a former employee and Vanguard Press.

The New York Appellate Division for the First Judicial Department held

As the motion court found, all the allegedly false and defamatory statements in the book written by defendant Baldyga and published by defendant Vanguard are related to plaintiff’s cryogenic business, which plaintiff publicized, and, therefore, all of those statements are subject to the actual malice standard of proof in a libel action (see James v Gannett Co., 40 NY2d 415, 421 [1976]). Vanguard and Baldyga established prima facie that neither of them published the book with knowledge that the statements were false or with reckless disregard of whether or not they were false, and plaintiff offered no evidence sufficient to raise an issue of fact (see Kipper v NYP Holdings Co., Inc., 12 NY3d 348, 353-354 [2009]). Plaintiff’s affiant had no personal knowledge of the operative events (see CPLR 3212[b]). As to its contention that it needs further discovery, plaintiff failed to demonstrate that facts essential to justify opposition to defendants’ motions might exist but could not then be stated (see CPLR 3212[f]). Moreover, the record shows that plaintiff had, and failed to take advantage of, a reasonable opportunity to pursue the disclosure it now seeks.

 This post provides some details on the earlier stages of the litigation.

 On October 29, 2010, Justice James A. Yates refused to dismiss tort and defamation claims, among other claims, against the authors and the publisher of a book about Alcor Life Extension Foundation, Inc. (“Alcor”). Alcor Life Extension Foundation, Inc. v. Larry Johnson, Vanguard Press, Inc. and Scott Baldyga, Index No. 113938/2009 (Sup. Ct., NY County, Nov. 3, 2010). Alcor is a not-for-profit organization in the field of cryonics, which is the practice of keeping a clinically dead human body or brain frozen in the hope of later restoring it to life with the help of future technologies. The book, called Frozen, was written by Larry Johnson (“Johnson”), a former employee of Alcor, and co-author Scott Baldyga (“Baldyga”) and published by Vanguard Press, Inc. (“Vanguard”). Alcor alleged in its Complaint that Frozen disclosed confidential and proprietary information about Alcor and its members, including information regarding baseball legend, and alleged Alcor member, Ted Williams.

Johnson was employed by Alcor for about seven months and, during his time at Alcor, he was promoted to the position of Chief Operating Officer (“COO”). Alcor alleged that, as the COO, Johnson had access to “patient records, case files, medical procedures, membership information, scientific research, developing technologies, methodologies and operations procedures of Alcor.” Alcor further alleged that, the day after his employment at Alcor ended, Johnson launched a website called www.FreeTed.com where the public could pay to view private and confidential information of Alcor, including alleged photographs of deceased baseball player Ted Williams.

Alcor’s response to the book and Mr. Johnson’s allegations is linked here. 

As a lifelong fan of The Kid, I find his post-death controversy distressing. (Mike Frisch)