West Virginia Record

Friday, April 3, 2020

Fairmont attorney sues Monongalia man for allegedly slandering him on Facebook

State Court

By Kyla Asbury | Nov 26, 2019


MORGANTOWN – A Fairmont attorney is suing three individuals he claims slandered him on Facebook.

Kevin T. Tipton was at University High School attending a youth football game Oct. 20 and was standing in the concession area when John Duty Jr. came up to Tipton, according to a complaint filed in Monongalia Circuit Court.

Tipton alleges he told Duty he had seen several Facebook posts where Duty was calling him names and asked him to leave the area as it was clear his purpose in coming up to Tipton was to start a fight.

Duty then became irate, according to the complaint, and began calling Tipton names and lunged toward him. He was then physically restrained by two men from attacking Tipton.

Tipton claims he attempted to walk away and diffuse the situation, but Duty got in front of him and attempted to initiate physical contact.

Tipton claims Duty constantly libels him on Facebook and claims that he bullies children.

"Defendant Duty, John Doe and Jane Doe's libelous and defamatory statements on social media were recklessly made about the plaintiff knowing the statements were completely false, without merit and would likely damage the plaintiff's reputation and character in the community," the complaint states.

Tipton alleges Duty threatened to kill him and put him "on crutches" during the incident on Oct. 20.

"Plaintiff reasonably believed that defendant Duty was going to physically assault him," the complaint states.

The defendants' actions caused Tipton to suffer and sustain damages, including loss of enjoyment of life, aggravation, annoyance and inconvenience, as well as depression, emotional distress and mental anguish.

Tipton is seeking compensatory and punitive damages in the amount of $1 million with pre- and post-judgment interest. He is representing himself.

John Doe and Jane Doe are individuals to be named at a later date.

Monongalia Circuit Court case number 19-C-338

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Monongalia Circuit Court