ABC must pay $5.5 million to Food Lion

Headnote

Award in `PrimeTime Live' case could chill investigative reports, experts say

The ends don't justify the means. That appeared to be the message a North Carolina jury sent to ABC last week, when it ordered the network to pay Food Lion $5.5 million in punitive damages. The network said it was outraged and that it intends to appeal.

Last month, the same jury found that ABC committed trespass, fraud and breach of fiduciary duty in connection with an undercover report on alleged wrongdoing at Food Lion supermarkets.

The unique case troubles many journalists because the accuracy of the story at issue-a Nov. 5, 1992, PrimeTime Live report-was not challenged in court by Food Lion. Indeed, an ll thhour attempt by Food Lion to introduce a libel claim based on outtakes from the broadcast was dismissed as "not remotely persuasive" by Federal Magistrate Trevor...