Mark Kentos of Ocean Township filed a lawsuit against Kelly Kentos after she allegedly called him a “sociopath”, a “psychopath”, a “control freak”, a “sex maniac” and a “pervert” during a visit to the home of one of his clients. She also suggested that he ought to be disbarred.
Superior Court Judge Patricia Cleary said that even if Ms. Kentos had made the statements, which was not proven, the name-calling did not rise to the level of defamation.
Defamation is defined as a false statement that harms a person or business’s reputation. While defamation claims during divorce proceedings are relatively rare, frequently a divorce litigant will query whether they can sue a witness who they claim falsely maligned them during their trial testimony.
The short answer to that perplexing question is “no” and that’s because trial witnesses are granted immunity to ensure they will give evidence without fear of retaliation in the form of a lawsuit against them.
Meanwhile, upon the dismissal of Mark Kentos’ claims, his victorious ex-wife sought sanctions against him for filing a frivolous lawsuit, another action that was tossed by the judge.
Ah, bitterness…”Bitterness is like drinking rat poison and waiting for the rat to die.” John Ortberg Jr. (Theologian)
Lawdiva aka Georgialee Lang