Judge Dismisses Defamation/Slander Case

On February 27th, it was ruled to dismiss a defamation/slander case in Clay County. Presided over by Judge John Bosch, the ruling held that, under Kansas law, a business cannot be represented in court by an individual or employee, except in specific cases.

The hearing came after a January 2nd filing, wherein plaintiff, Ryan Wilson, publisher of the Clay Center Dispatch, alleged that Natalie Muruato, executive director of Grow Clay County, committed slander/libel that caused a loss of business for Wilson.

While Wilson represented himself, claiming that he had been personally harmed, Judge Bosch said the party of interest in the case is the Clay Center Dispatch, not Wilson himself. Therefore, the business, a single-member LLC, would need to be represented by legal counsel. Judge Bosch clarified that his decision was based solely on this legal requirement and did not take the facts of the case into consideration.

“Kansas law has been clear, a corporate entity cannot be represented without a lawyer, it’s about as fundamental a law as they are in Kansas.”

In total, the suit requested $160,085 from the defendant for lost revenue and punitive damages. Wilson later filed an amended petition to request $21,085 in lost revenue over the next five years, plus 2024. The punitive damages were dropped after Muruato’s defense attorney filed a motion to dismiss, questioning the punitive damages and Wilson’s ability to represent the business himself. Wilson said because he was representing his own income losses and not the losses of the Clay Center Dispatch, a lawyer was not required. The defense then filed a motion to strike on January 30th.

During the hearing, while addressing the Judge, Wilson mentioned his decision to represent himself, stating, “I would love to have an attorney right now. We’re dealing with a shortage of attorneys. It isn’t for lack of trying.”

In the dismissal, Wilson asked if he could re-file, to which Judge Bosch said he would need a lawyer to do so.

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