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Judge dismisses two more claims against pastor
GRAHAM — A Superior Court judge this week dismissed two of four remaining claims in a lawsuit against a Graham pastor by a former group member.
In a complaint filed in October, Mark E. Hosler claimed that pastor John D. Clark Sr. had defamed his name with comments he made during the time he attended Bible and prayer meetings at Pastor John’s House.
Hosler alleged Clark told the entire group that he had committed evil and that he was abusing his wife, Lee Ann Hosler, and ruining the life of the couple’s son. Clark is also accused of making comments about Hosler’s working relationship with his boss, Bob Payne, owner of Cedar Rock Environmental, who also attended the meetings.
Hosler claimed that these comments not only alienated his wife’s affections but also cost him his job. He is seeking punitive damages in excess of $10,000.
In November, Superior Court Judge Henry Hight dismissed the alienation of affection claim, saying that Hosler had waived his rights to bring grievances against a third party when he signed a separation agreement in April.
The agreement stated that the couple agreed to “waive, release and relinquish any and all rights which either of them may have against third parties for marital torts in connection with the current marriage of the parties.”
This week, Superior Court Judge Paul Ridgeway dismissed the claim that Clark slandered Hosler with his comments and that his actions constituted unfair and deceptive trade practices and defamation.
Clark’s attorney, Daniel Bullard, said that as a matter of law the claims are not something that you can recover money for, adding that even if assuming that the claims are true, they have no legal merit for a civil complaint.
In responses filed in the past, Bullard has contended that anything that his client told Hosler was true and was not said with the intention to slander.
For instance, Clark reproached Hosler at a meeting after he “ridiculed one of the members of the group for her mannerism in demonstrating her love for God,” court records said.
Only two claims remain in the case – that Clark’s actions intentionally damaged Hosler’s personal and business reputation and that Clark interfered with the contract between Hosler and his employer.
“We don’t think the remaining claims have any merit at all,” Bullard said. “We are going to proceed to get these dismissed as well,” adding that procedurally, the case is not at a point where he can ask for dismissal.
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