Part of Trombly’s suit against supervisor remains in place
Case filed over alleged libel-defamation
Most of a defamation-libel lawsuit by the former Lenox Township supervisor against the current supervisor has been thrown out by a Macomb County judge.
But three counts for one statement remains against township Supervisor Anthony Reeder in Ron Trombly’s complaint about Reeder’s claims in campaign literature mailed to residents in the weeks prior to the 2020 election, based on circuit Judge James Biernat Jr.’s October ruling. Reeder defeated Trombly in the election.
Meanwhile, more claims remain against defendant Phillip Camarda, a former Lenox Township employee who supported Reeder and is accused of conspiring with him, primarily because Camarda didn’t file a separate legal summary disposition motion, merely concurring with Reeder’s motion.
Camarda lost his chance to file for summary disposition and will be part of the Jan. 18 trial scheduled in Biernat’s court.
Trombly’s attorney, Paul Cassidy, said he’s pleased one claim remains but disagrees with Biernat’s decision to dismiss all of the remaining statements. His reconsideration of the ruling was denied by Biernat.
“Everything was a lie,” Cassidy said of six statements by Reeder in campaign literature. “They didn’t say one truthful thing about Ron Trombly. I think people are tired of all the lies” in election campaigns.
The remaining allegation against Reeder revolves around the statement in his literature that told residents, “You’ve paid the legal fee’s (sic) for Trombly’s sexual harassment misconduct in office.”
Biernat says the statement could be actual libel-defamation because misconduct in office is a common law felony in Michigan.
Cassidy said Trombly was especially damaged due to that and other statements trying to connect him to public corruption centered in the county, which was investigated for several years by federal authorities and resulted in about two dozen convictions.
“Here’s a time when public corruption was on the front page of your newspaper every day, and this guy comes out and says he’s involved with public corruption,” Cassidy said in an interview.
That remaining claim will be considered on three counts — false light, defamation-libel and civil conspiracy. Biernat threw out intentional infliction of emotional distress noting, “It is common (in) these types of elections for there to be insults, indignities, threats, annoyances, petty oppressions and other trivialities.”
Trombly sued Reeder in December 2020 and later added Camarda to the civil action.
Trombly was not charged with sexual harassment, and the only basis for it was when Camarda was accused of sexual harassment, Trombly told him he also had been accused, according to the 13-page opinion. Camarda left his employment at that time.
“A question of fact exists as to whether Reeder had obvious reason to doubt the veracity or accuracy of Camarda’s statements,” Biernat wrote.
Biernat removed two claims against the pair on initial review of “libel per se.” Those comments in literature were, “Vote out corruption,” and, “Trombly is rarely in his office, yet receives full pay and benefit from your tax dollars.”
He dismissed three other claims based on Reeder not demonstrating malice despite the statements’ untruthfulness, that he communicated information he believed at the time was true.
One is, “Trombly promoted his brother to DPW director and assistant fire chief at the same time. This is blatant nepotism (imagine two pensions paid by you the taxpayer).”
Trombly’s brother, Cameron, also has sued Reeder and Camarda. His claims also will be considered at the trial.
Trombly told the judge he did not promote his brother, who was the DPW director when Trombly took office. “He (Trombly) testified that his brother was recommended by the public safety director for the assistant fire chief position,” Biernat wrote.
Another statement in literature was, “Township debt. 1.5 million (Trombly!).”
Reeder said he later learned the township was $19 million in debt, but that was for bonds for the water and sewer system issued before Trombly took office.
Literature also said, “Trombly hired a full time city planner for our small township. He has nothing to do yet you’re paying a full salary + benefits. Another example of taxpayer abuse.”
Reeder said he later learned the planner was in a contractual position and paid by the hour. Trombly said the planner was hired “because they were not happy with the previous planner,” Biernat says.
Cassidy expects the trial to take place. “They would have to come up with a lot of money” to settle it, he said.