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    This case involved defamation claims made by Dr. Al Muderis against brothers Mr. Mazzella and Mr. Duncan. After a hip surgery performed by Dr. Muderis, Mr. Mazzella claimed negligence causing health issues. In response, the brothers created a website and social media posts referring to Dr. Muderis as a "butcher"

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    Uploaded by

    Kenan Sbh
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    This case involved defamation claims made by Dr. Al Muderis against brothers Mr. Mazzella and Mr. Duncan. After a hip surgery performed by Dr. Muderis, Mr. Mazzella claimed negligence causing health issues. In response, the brothers created a website and social media posts referring to Dr. Muderis as a "butcher"

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    This case involved defamation claims made by Dr. Al Muderis against brothers Mr. Mazzella and Mr. Duncan. After a hip surgery performed by Dr. Muderis, Mr. Mazzella claimed negligence causing health issues. In response, the brothers created a website and social media posts referring to Dr. Muderis as a "butcher"

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    30 views2 pages

    PROGRAM

    Uploaded by

    Kenan Sbh
    This case involved defamation claims made by Dr. Al Muderis against brothers Mr. Mazzella and Mr. Duncan. After a hip surgery performed by Dr. Muderis, Mr. Mazzella claimed negligence causing health issues. In response, the brothers created a website and social media posts referring to Dr. Muderis as a "butcher"

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    of 2

    CASES

    Donoghue v Stevenson [1932] AC 562 Negligence


    On the evening of Sunday 26 August 1928 Mrs May Donoghue took a thirty minute tram
    ride from Glasgow to Paisley. She met a friend at the Wellmeadow Café, who purchased her
    an iced drink made from ice-cream and ginger beer. The bottle bore the name of its
    manufacturer, 'D. Stevenson, Glen Lane, Paisley' and was a dark, opaque colour. Mrs
    Donoghue claimed after she had consumed most of the ginger beer she saw the remains of
    a badly decomposed snail float out of the bottle that was being poured into her glass. In the
    following days Mrs Donoghue became ill and upon seeking treatment was diagnosed with
    severe gastroenteritis and shock. She could not sue Stevenson for breach of contract as she
    herself did not purchase the drink. It was also unlikely she could prove Stevenson had sold
    her a dangerous product or knew that his products were defective. Instead her solicitor Mr
    Walter Leechman claimed Stevenson owed a duty to his consumers to take reasonable care
    to ensure his products were safe for human consumption. David Stevenson died before the
    House of Lords handed down their decision. His executors paid Mrs Donoghue £200. This
    would amount to approximately £12,300 today. You must take reasonable care to avoid acts
    or omissions which you can reasonably foresee would be likely to injury your neighbour.

    Al Muderis v Duncan
    DEFAMATION
    Publication Media:There were five defamatory publications about the plaintiff, which consisted
    of two websites, a public Facebook page, a YouTube video and publications on the “Daily
    Motion” and “Pinterest” websites (published between 19 February 2015 and 14 September 2016
    In March 2010, Mr Mazzella underwent a hip arthroscopy, performed by
    orthopaedic surgeon, Dr Al Muderis. Subsequently, the patient claimed that
    the surgeon performed the operation negligently, causing numbness in his
    genitals and decreased sexual function. Dr Al Muderis sent the patient for
    various neurology and urology tests, which found no evidence of nerve
    damage. Mr Mazzella, with his brother Mr Duncan, also created a website with
    the surgeon’s name in the web address, posting videos in which they referred
    to Dr Al Muderis as a “butcher” with “more victims” and that he was “medically
    negligent”. The brothers purchased google ads to ensure that the website
    came up first when Dr Al Muderis’ name was googled. They also posted
    defamatory statements on social media sites Facebook, You Tube, Vimeo,
    Video Bash, Internet Achieve and Ru Tube. The professional and emotional
    impact on Dr Al Muderis was significant. His patients would often query him
    about the online claims and he considered leaving Australia due to the
    ongoing harassment. Dr Al Muderis commenced defamation proceedings in
    2016. What became clear in the defamation proceedings, was that Dr Al
    Muderis was a very well respected doctor, who had overcome exceptional
    personal circumstances. He was active in humanitarian work and had a very
    high professional reputation, which had unequivocally been damaged by the
    defamatory online behaviour of Mr Mazzella and Mr Duncan. The Court
    referred to him as “the perfect plaintiff” and that the damages inflicted upon
    him were “extremely high and probably at the highest level”.

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