Court Upholds Dismissal Of Defamation Suit Over Comments By WHAM's Bob Lonsberry
May 9, 2012 at 3:48 AM (PT)
A NEW YORK STATE appellate court has upheld the dismissal of a defamation lawsuit against CLEAR CHANNEL over comments by Talk WHAM-ROCHESTER host BOB LONSBERRY.
COURTHOUSE NEWS SERVICE reports that JOHN GISEL, who was acquitted of criminally negligent homicide in a hunting accident in 2007, sued over an interview in which LONSBERRY asked GISEL's sister "how it felt to have a brother who was a cold-blooded murderer" and whether GISEL "put a notch in the stock of his gun as he kills people," adding that the shooting "could not have been an accident." The defense asserted that the comments were part of the debate over the headline-making trial and thus pure opinion. "(S)ome of LONSBERRY's callers used harsh and intemperate language, and the tone of LONSBERRY's statements was obviously intended to be caustic and confrontational, rather than factual," the court added.