Brett Kimberlin wound up including me as a defendant in four of his bogus defamation LOLsuits. Only one, the first, Kimberlin v. Walker, et al., got some of its claims as far as a trial, and that trial was stopped with a directed verdict in the defendants’ favor before we had to put on a defense. You see, The
Dread Deadbeat Pro-Se Kimberlin failed to offer evidence that we had defamed him. With no evidence he had no case.
Four years ago today, I posted some news In Re Kimberlin v. Walker, et al., about Kimberlin filing a motion for a new trial.
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The Dread Pro-Se Kimberlin wants a second bite at the apple. He’s filed a motion for a new trial in the Kimberlin v. Walker, et al. nuisance lawsuit. The Gentle Reader may remember that the judge stopped the trial and directed a verdict in favor of us defendants after TDPK rested his case.
Our lawyer will file our reply to this motion. For now, all I have to say is that I consider it to be frivolous.
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The motion wasn’t granted, and Kimberlin’s appeal failed when the Court of Special Appeals upheld the Circuit Court’s verdict.
The elements of the tort of defamation are:
1. That a false statement was made to
2. One or more third parties;
3. That the statement was made negligently; and
4. That the defamed person suffered damage.
We defendants admitted to some (but not all) of the things Kimberlin claimed we said or wrote about him and that the statements were made to third parties. He never offered any evidence that anything we said or wrote was false. With no evidence of falsity there was no possibility of a viable defamation claim. The judge ended the trial without ever reaching the question of negligence (even if it’s negligent, a true statement can’t be defamatory) or damages.
Kimberlin should have taken his loss and been done with his LOLsuits. He didn’t, and it cost him. The lawfare eventually did get around to the question of damages in a later case, and the fact his reputation as Speedway Bomber was so bad that he couldn’t be defamed was one ground for dismissal of that suit for failure to state a claim upon which relief could be granted. So now a court has found Kimberlin defamation proof.