A slander and web-based defamation case brought by Dr. Greg Salard against a Wrangell resident will go forward, with a trial date set for early next year – but an offer to settle is on the table.
First District Court Judge Kevin Miller ruled on Monday, Oct. 15 that Salard’s case against Lisa Gillen would be heard on April 22, 2013 in Wrangell’s First District Court.
The case, which was initially filed on July 13, alleges that Gillen made statements in an online Facebook chat session about the physician, his family, and his ability to practice medicine. The filing seeks damages exceeding $50,000, Salard’s attorney fees, and any other relief the court may see fit to award.
An offer to settle from Salard’s attorney, Michael Nash, is seeking to end the case however – by asking Gillen to pay $3,000.
“The plaintiff hereby offers to allow judgment to be taken in (Salard’s) favor and against the defendants in this action in the amount of $3,000,” the offer states.
It’s an offer Gillen said “no thanks” to.
“It’s not an offer I am going to be accepting,” Gillen added.
During the Oct. 15 hearing Gillen asked for the trial date to be moved up to February
“The dates suggested, if I’m correct, are suggesting that the trial wouldn’t be until April of 2013,” Gillen said. “For me, that sounds like quite a ways away. I don’t think it really needs to take that long to get this going.”
Judge Miller informed Gillen that the closest available civil calendar dates for Wrangell were in April and that discovery had to occur before the case could move forward – but the statement by Gillen spurred Nash to claim that she was essentially incompetent to make such a request.
“I don’t know how to say this nicely,” Nash began. “I don’t think Ms. Gillen understands the discovery process and the timelines. I just provided her some interrogatories to propound on requests for admissions and requests for production. I anticipate it’s possible that they may not be returned in a timely manner which would require motions to compel.”
Interrogatories are a formal set of written questions used in lawsuits to obtain evidentiary information regarding the case in question.
In the interrogatories provided to Gillen, Nash asks her to provide the names of any person who told her that Salard had “sexually abused minors,” “engaged in inappropriate behavior with children,” or provided her with court documents she is alleged to have referenced in “posts” made on Facebook about the physician.
Gillen has repeatedly claimed her communications of the social network were private chats and not public postings.
An amended complaint filed on July 23 contains what appears to be a private Facebook chat conversation between Gillen and fellow Wrangellite Jasmine Clyburn attached as an exhibit.
In the exhibit, Gillen appears to ask Clyburn to spread information about Salard’s loss of privileging at Wrangell Medical Center – and the custody status of three of his children.
“Let April and Tammy and everyone for that matter know that the Dr. that lost his privleges (sic) (Salard) also has a 10, 12, and 14 year old that the courts have banned him from seeing until they are 18…so dont (sic) go to him..he sent a boy home after he hung himself without so much as a check up! that is against the law right there not to do a 24 hour watch on the kid,” stated an alleged posting by Gillen dated June 23.
Nash would not comment on the case after the hearing concluded, though Salard did have a fact to add.
“At least now I know what she looks like,” Salard added. “Up to this point I had never met her before.”
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