Gross versus Dunham: Lawsuits to be heard March 4

By Jane Beathard

Staff Writer

March 4 remains the date Madison County Commissioner Paul Gross and London resident Susan Dunham will square off in the local common pleas courtroom.

Earlier this month, visiting Judge James Brogan refused a request by Dunham’s lawyer, John Xavier Perez, to postpone the civil trial until May.

However, Brogan did extend deadlines for submitting evidence until Feb. 1 and motions for summary judgment until Feb. 25. Summary judgment would allow Brogan to decide the case on evidence presented — without a trial.

Gross sued Dunham and 12 “John Does” for libel and defamation, based on their Facebook postings during the 2012 Republican primary campaign for commissioner. Gross won the March 6 primary.

Dunham denied Gross’ allegations and counter-sued, saying the commissioner damaged her reputation as board president of A Friend’s House, the local domestic violence shelter. She also claimed actions by Gross and others violated her First Amendment right to free speech during a “Meet The Candidates Night” sponsored by The Madison Press in February 2012. She said the presence of sheriff’s deputies prevented her from asking questions at the event.

In a flurry of other rulings on Jan. 9, Brogan denied a request by Gross’ lawyer, Rick Brunner, for Dunham to produce a copy of computer hard drives belonging to Deer Creek Honey Farm. Dunham’s family owns the business. Honey farm attorneys objected to Brunner’s request on the grounds the hard drives contained trade secrets for processing honey.

However, the judge did order Dunham to provide a complete “enhanced archive” of her Facebook account for his personal review by Jan. 31. Brogan wants to see if the archive contains information relevant to Gross’ lawsuit.

Brunner requested summary judgment in the case on Jan. 3. He said evidence showed Dunham’s Facebook statements were clearly false and she posted them with “reckless disregard” of their accuracy in order to intimidate Gross.

Brogan is awaiting a response from Perez before ruling on Brunner’s request.

On Jan. 8, Perez filed a second amended counter-claim against Gross, saying the commissioner continued to use area media to defame Dunham throughout last summer and fall. The counter-claim specifically noted news stories that appeared in The Columbus Dispatch on Aug. 19, 2012 and The Madison Press on Oct. 1, 2012.

Perez said the stories proved “malicious intent” by Gross. He argued the commissioner continued to attack Dunham for exercising her right to free speech.

The amended counter-claim demands a jury trial and a financial judgment against Gross “in excess of $25,000, together with attorney fees and litigation costs which may be estimated…in excess of $25,000.”