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Home > Brandon v. Wizeman

Brandon v. Wizeman [1]

Submitted by DMLP Staff on Tue, 04/14/2009 - 11:40

Summary

Threat Type: 

Lawsuit

Date: 

04/09/2008

Status: 

Concluded

Disposition: 

Settled (total)
Verdict (plaintiff)

Location: 

South Carolina

Verdict or Settlement Amount: 

$1,800,000.00

Legal Claims: 

Defamation
Scott Brandon, the head of an ad agency, filed a defamation lawsuit in South Carolina state court against Donald Wizeman over statements published on the Myrtle Beach Insider blog.  According to The Sun News, Brandon alleged that Wizeman... read full description
Parties

Party Receiving Legal Threat: 

Donald George Wizeman, Jr.

Type of Party: 

Individual

Type of Party: 

Individual

Location of Party: 

  • South Carolina

Location of Party: 

  • South Carolina

Legal Counsel: 

Wayne R. Bird - Turner Padget Graham & Laney

Legal Counsel: 

Donald Wizeman (Pro Se, initially); Kenneth R. Moss - The Mcgougan Law Firm
Description

Scott Brandon, the head of an ad agency, filed a defamation lawsuit in South Carolina state court against Donald Wizeman over statements published on the Myrtle Beach Insider [2] blog.  According to The Sun News [3], Brandon alleged that Wizeman defamed him by publishing a June 2007 post calling him a "failed lawyer" and criticizing one of his ad agency's campaigns.  Wizeman denied that he was the author of Myrtle Beach Insider [2], but admitted agreeing with its content.

Circuit Court Judge Diane S. Goodstein granted summary judgment in favor of Brandon after a hearing in September 2008.  According to The Sun News [3], Wizeman was not present at the hearing and said in court filings that he did not receive notice that it was taking place.  At some point in the proceeding, the court ruled that Wizeman would be deemed the author of the disputed blog post after he failed to respond to a discovery request that he admit or deny being the author.  Wizeman, who initially represented himself but later hired a lawyer, maintains that he did not receive the discovery request either.  

After granting summary judgment, Judge Goodstein appointed a "special referee" to determine damages.  In late January 2009, the referee awarded Brandon $800,000 in compensatory damages and $1,000,000 in punitive damages.  

Wizeman filed a notice of appeal in February 2009.

Update: According to Kenneth R. Moss, the attorney who filed the appeal on Mr. Wizeman's behalf, Wizeman and Brandon negotiated a settlement and the appeal was dismissed.

Related Links: 

  • TheSunNews.com: Defamation suit ends in favor of ad agency chief [4]
  • South Carolina Judicial Department: Case Details [5]
  • CMLP: South Carolina Court Awards $1.8 Million Libel Judgment Against Blogger [6]
Details

Web Site(s) Involved: 

Myrtle Beach Insider [2]

Content Type: 

  • Text

Publication Medium: 

Blog

Subject Area: 

  • Defamation
Court Information & Documents

Jurisdiction: 

  • South Carolina

Source of Law: 

  • South Carolina

Court Name: 

Court of Common Pleas, Fifteenth Judicial Circuit, Horry County South Carolina

Court Type: 

State

Case Number: 

2008CP2602845
CMLP Information (Private)

Priority: 

1-High

Threat Source: 

Google Blogs

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Source URL (modified on 08/20/2014 - 11:09pm): https://www.dmlp.org/threats/brandon-v-wizeman

Links
[1] https://www.dmlp.org/threats/brandon-v-wizeman
[2] http://myrtlebeachinsider.blogspot.com/
[3] http://www.thesunnews.com/news/local/story/856883.html
[4] https://www.dmlp.org/node/2580/edit
[5] http://www.horrycounty.org/publicindex/PICaseDetails.aspx?County=26+&Casenum=2008CP2602845&CourtType=G&CaseType=Civil&CourtAgency=26002&LastName=Wizeman&FirstName=Donald
[6] https://www.dmlp.org/blog/2009/south-carolina-court-awards-18-million-libel-judgment-against-blogger