County mayor sued for alleged defamation

By Mark Boxley
of The Daily Times Staff

Kathy H. Wright feels her actions were portrayed in "a spiteful, vindictive and disgraceful manner" when Blount County Mayor Jerry Cunningham spoke about her divorce case to a group of residents and local leaders during a rally to support Blount County Circuit Judge W. Dale Young.

Wright filed a civil defamation lawsuit against Cunningham Wednesday in Knox County Circuit Court and is seeking at least $200,000 in damages. Cunningham is named in the suit as an individual, not as the Blount County mayor.

During his speech at the rally -- which took place at the Blount County Library on Nov. 27, 2007 -- Cunningham referred to Wright's case, which is currently in front of Young in Blount County court. Not naming Wright specifically, but referring to a previous Daily Times article about her case, the suit quotes Cunningham as saying during the rally: "On the Wright case -- that thing has been back and forth since heck was a pup. There's been more litigation and more lawyers and more foolishness that's gone on in that case and none of it's been Judge Young's fault but he gets brandished over it. You know the furniture that was burned to stay warm? That was furniture awarded to that man (Wright's ex-husband) by the court. It was his momma's antique furniture and his ex-wife set it on fire."

In her lawsuit, Wright claims that "Cunningham published a statement about her with knowledge that the statement was false and defaming to the Plaintiff (Wright) and that Cunningham made the statements about Wright with reckless disregard for the truth of the statement or with negligence in failing to ascertain the truth of the statement."

The suit goes on to allege that "Cunningham maliciously defamed Wright by expressing publicly and verbally to third person(s) false and misleading statements intended to impeach Kathy Wright's integrity, virtue and reputation, thereby exposing her to public hatred, contempt and ridicule; and to cause her to be avoided or shunned or to injure her."

Wright also accused Cunningham of gathering information about the case for his speech by using his "position as an attorney, as county mayor, and/or as a private acquaintance of Judge W. Dale Young to gain access to the Wright v. Wright file -- a file that was not presently accessible to the public."

When contacted by The Daily Times, Cunningham referred questions to Maryville attorneys Robert Goddard and Carl McDonald -- with the firm Goddard and Gamble -- who he said were representing him in the civil suit.

Goddard said in a telephone interview that he had not seen the lawsuit yet and declined comment.

In the suit, Wright is seeking $100,000 in compensatory damages and punitive damages "in an amount not less than $100,000."

Cunningham has 30 days to respond to the suit. No response was filed in Knox County as of Thursday.