An imputation that a person is 'demented' or mentally disabled is not necessarily defamatory in light of contemporary community attitudes of tolerance and sympathy toward mental disability. When assessing whether a misdirection to a jury occasioned a substantial wrong or miscarriage of justice, the appellate court must determine for itself whether the imputation was defamatory, but cannot consider a case theory (such as 'shun and avoid') that was not advanced at trial. The Weiss methodology for assessing miscarriage of justice following misdirection applies to civil defamation jury trials.
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