By Jean Cole
An animal rescuer who recently received a $500 judgment from a Limestone County judge against the owner of Lassie’s Friends Animal Sanctuary in Athens for deceptively killing three dogs has now won a libel judgment against the sanctuary’s owner, records show.
Deborah Ohm, a volunteer for Two by Two Rescue in Birmingham, has been awarded a $2,000 judgment against Karen M. Johnson of Athens for libeling her in an electronic message, according to a judgment filed in Shelby County District Court.
The judgment was filed Aug. 20 following an Aug. 17 bench trial between Ohm and Johnson. No jury was present, only a judge.
Based on the testimony and evidence taken in open court, District Judge John H. Alsbrooks found that on April 30, 2009, Johnson intentionally sent an e-mail to multiple addresses, including Ohm’s that contained material about Ohm that was libelous.
According to court records, Johnson claimed in the e-mail that Ohm called the Tennessee office of the Dr. Wyatt Galbraith, veterinarian for Lassie’s Friends, and yelled profanities at staff, acted crazy and abusive, according to court records.
Johnson stated that Ohm traveled to the vet’s office, made a scene and the waiting room clients called Ohm “crazy” and “a terrorist.”
Johnson also stated that Ohm had someone claiming to be a lawyer called the vet’s office to “hassle and threaten that they would turn the vet into the board for some unknown reason.”
Galbraith refuted Johnson’s allegations in a notarized written statement entered into the court record.
Johnson stated in the e-mail that Ohm threatened Lassie’s Friends staff with bodily harm. She also stated that Ohm drove back and forth in front of the sanctuary for a couple of hours and parked on the edges of the property, moved her car from one side to the next, apparently taking pictures, and stopped motorists on the road to ask questions, something Johnson characterized as “insane behavior.”
Two former employees, Karen and Ray Burgett, refuted all of Johnson’s allegations in a notarized written statement entered into the court record. The Burgetts stated that Ohm was actually in front of the sanctuary only about 30 minutes, that she talked to a neighbor and that she did not stop traffic.
They stated that Johnson “fabricated that whole e-mail to make Debbie Ohm look bad to other rescuers and people.”
The neighbor with whom Ohm spoke also supplied a notarized written statement refuting Johnson’s claims.
In his ruling, Alsbrooks stated: “From the proof submitted, the statements in the e-mail regarding the plaintiff, which were libelous per se, were not substantially accurate and not accurate in all material respects. In cases of private libel, such as this, the law presumes damages to (Ohm’s) reputation.”
The judge stated there was not “persuasive proof of special damage” to Ohm. He further stated that Alabama state law prevents a judge from awarding punitive damages when the plaintiff does not make a written request for a retraction.
Based on the above, Johnson is ordered to pay Ohm $2,000 plus court costs.
Earlier this month, Ohm won a $500 judgment against Johnson in Limestone County District Court. She had accused Johnson of deceptively taking $500 to socialize three feral dogs only to have them euthanized.
District Judge Jerry Batts issued the ruling Aug. 12 following a daylong bench trial Aug. 6. In the ruling, Batts cites the mission statement of Lassie’s Friends, which Johnson admitted into evidence, which makes no mention of the possibility of euthanization.
Johnson had testified that Ohm agreed to the euthanization of the three dogs and that Ohm denied the claim, the judge states. Johnson offered a document she testified was signed by Ohm but which Ohm denied she had ever seen or signed.
“The court did not admit the document into evidence due to the doubtful authenticity of the signature and the fact the document was dated five days before the volunteer arrived at the sanctuary with the dogs,” Batts wrote. “The defendant, in efforts to explain inconsistencies in the evidence, testified that everyone at the sanctuary had access to her e-mail account and anyone could have used her name and her e-mail account. In addition, the defendant in her testimony blamed a former employee that she testified had been fired by her for alleged ‘animal abuse.’”
