Apr 14, 2014 2 min read

A defamation case involving the mayor of Washington and a local towing company was dismissed.

Washington County Common Pleas Judge Katherine Emery ruled Friday that while the comments Brenda Davis made about Isiminger’s Towing Service during her mayoral campaign in 2011 were false, they were not defamatory, according to court documents.

Danny Isiminger, owner of Isiminger’s Towing, filed the lawsuit in July 2011. The lawsuit claimed Davis made statements at two mayoral debates that police officers were waiting extended times for a tow truck, which were false, and said at a City Council meeting the “towing contract should not be extended and should be advertised so that the best possible person is serving the city.”

In addition to suing for defamation, Isiminger claimed Davis interfered with contractual relations as his business’ towing contract was not renewed with the city, court documents said.

Emery noted, in her opinion, that the name of the towing company was never mentioned, and the “average reasonable person would have no knowledge of the identity of the vendor providing towing services to the city.”

In regard to the interference with contractual relations, Emery ruled none of the information presented to the court showed that the “city breached its contract or terminated the contract,” court documents said.

Members of City Council voted in 2012 not to renew Isiminger’s Towing contract and to open services to vendors within one mile of the city.

Davis deferred comment to her attorney, Chris Blackwell, who said he and Davis “expected to win all along.”

“It was pretty clear there was no defamation,” Blackwell said. “…She never mentioned them by name.”

Blackwell said Davis is exploring options to file a lawsuit against Isiminger for abuse of process, which Blackwell explained as a scenario were a person uses the legal system to harass or annoy another person.

“It’s up to her,” he said. “They have 30 days to file an appeal. We will wait and see what they do.”

Isiminger’s attorney, Charles Kurowski did not return calls seeking comment.

This was not the first time Isiminger sued for defamation. In 2008, Isiminger sued former Mayor Ken Westcott for defamation for a statement he made while in office about a judgment directing the city to pay Isiminger for oil changes he performed on city vehicles seven years prior. The lawsuit was settled in December 2010.