By Ed Smith
The News-Gazette
BUENA VISTA, Va. — A defamation lawsuit has been filed against new Buena Vista Fire Chief Butch Lawhorn by his predecessor, Tommy Keiser. In the lawsuit, filed Dec. 17 in Buena Vista Circuit Court by Lexington attorney Tommy Simons, Keiser alleges that Lawhorn made remarks about him that are “false, defamatory, slanderous and insulting,” with the “intent to injure plaintiff’s good reputation and authority.”
The remarks to which Keiser is referring, according to the lawsuit, occurred Dec. 5 in a conversation between Lawhorn and Mike Durham of Blue Ridge Rescue Supplies in Blue Ridge. The lawsuit states that Lawhorn told Durham “not to contact [Keiser] anymore,” that Keiser was “under a criminal investigation, … that [he] has been fired by the Buena Vista city manager and that … Lawhorn is acting chief of the Buena Vista Volunteer Fire Department.”
When the conversation took place, according to the lawsuit, Keiser was still the fire chief and Lawhorn “was a captain acting under the chief.” Lawhorn, whose term as fire chief began Jan. 1, declined to comment on the lawsuit or on Keiser’s status within the department.
City Manager Jay Scudder said he hadn’t seen the lawsuit, but confirmed that he doesn’t have authority over the fire department’s personnel, who are volunteers and not city employees.
The comments allegedly made by Lawhorn to Durham, the suit continues, “were false and clearly designed to impugn plaintiff’s integrity and jeopardize plaintiff’s job. … As a proximate result of said false malicious, insulting, defamatory and slanderous remarks, plaintiff has been caused to suffer humiliation, embarrassment, mortification, shame, vilification, ridicule, exposure to public infamy, disgrace and scandal, injury to his reputation and feelings, and has been hampered in the conduct of his business and affairs.
Much of this injury will endure permanently.” The suit asks for $250, 000 in damages - $50, 000 in compensatory damages and $200, 000 in punitive damages. Lawhorn has 21 days from the date he was served, Dec. 18, to file a response to the suit. While declining to talk about the lawsuit, Lawhorn did say he’s hopeful of moving forward with the business of the fire department in the new year.
He also expressed hope that the fire department and rescue squad would be able to work together and ensure that all fire and rescue calls get answered. The fire department recently purchased an ambulance, though the department doesn’t have the appropriate designation to transport patients.
The department has Emergency Medical Services designation, permitting its members who are first responders to answer rescue calls. Purchases of the ambulance and a pumper to replace one that was overturned in an accident earlier this year have apparently been points of contention within the department. Lawhorn said the pumper initially purchased is being replaced with a less expensive one.
City Council held a public hearing Dec. 13 on a request by the fire department to refinance $1.7 million worth of debt. Council postponed taking action on the request.
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