Jury divided in defamation case against mold activist

[Guest guest]

Jury divided in defamation case against mold activist

September 05, 2008

By Randy Kalp

Reporter

The Coast News

http://www.thecoastnews.com/articles/4553/

VISTA — On Aug. 26, a San Diego Superior Court jury found that mold

advocate Sharon Kramer defamed VeriTox scientist Dr. Bruce Kelman in

a 2005 press release, but that VeriTox itself wasn't wronged by her

statement.

Kelman and VeriTox, formerly known as a GlobalTox, filed a

defamation suit against Kramer for comments she made in the press

release " Jury Finds `Toxic Mold' Harmed Oregon Family, Builder's

Arbitration Clause Not Binding. " They were seeking a monetary sum of

$1 each.

Throughout the trial, attorney Scheuer argued that the lawsuit

was to " vindicate Kelman's reputation and to get a finding that he

didn't lie under oath. "

At the heart of the weeklong trial was the phrase from Kramer's

three-page press release: " … Dr. Kelman altered his under oath

statements on the witness stand " while he testified as an expert

witness in an Oregon mold lawsuit.

Kramer published the press release after speaking to several

sources, including the victim and his attorney.

" She had four sources, did a considerable amount of investigation

and believed her story was correct, " Landlow, her attorney,

said.

After speaking with jurors following the trial, he said he believed

the panel had misunderstood the meaning of " actual malice " leading

them to focus entirely on a belief that Kramer supposedly had some

sort of animosity for Kelman, which was untrue and legally

irrelevant.

" It's not unusual for jurors to have a tough time with the concept

of actual malice, because they focus on that second word malice not

realizing that it doesn't really mean the kind of malice people

normally think, which is ill will or hatred, " Landlow said. " What it

means is that you have to essentially know what you're saying is

untrue or have substantial overwhelming doubts that it's true. "

Landlow said Kramer would most likely file an appeal.

Contact Reporter Randy Kalp via e-mail at rkalp@....

[Guest guest]

Go Sharon.. Good luck!!!!

On Fri, Sep 5, 2008 at 6:24 PM, tigerpaw2c <tigerpaw2c@...> wrote:

> Jury divided in defamation case against mold activist

> September 05, 2008

> By Randy Kalp

> Reporter

> The Coast News

>

> http://www.thecoastnews.com/articles/4553/

>