Court dismisses libel suit against woman who testified for bill

Saturday, Sept. 6, 1997 | 1:01 a.m.

Betty Butler of Las Vegas, who continues to pass out flyers asking potential customers of Best Auto Specialist to check with the Better Business Bureau before doing business with the firm, was sued for libel and slander for her actions.

Butler distributed the flyers after she said the Las Vegas company failed to properly repair her 1984 Ford Bronco. She paid $1,700 to the repair shop over the course of several months starting in 1995 to get a starter and flywheel problem fixed.

Butler said she later had the vehicle repaired elsewhere after Best couldn't do the work properly.

Butler said she is the victim of a SLAPP lawsuit by the repair shop. The acronym stands for Strategic Lawsuit Against Public Participation. Butler testified in support of AB485, which was signed into law, allowing the courts to easily dismiss such lawsuits if there is no evidence of libel or slander.

The bill doesn't take effect until Oct. 1, however, and Butler said it was not used as a reason by Judge Sally Loehrer to dismiss the lawsuit against her.

Joshua Landish, the attorney for Best, is appealing the court decision, saying the implication in the flyers is that Best mechanics are incompetent, which is a libelous statement. He added Butler's automotive problems are the result of her not following the mechanic's recommendations.

Butler said she too is appealing because she wants Best to pay the $20,000 she will end up spending to defend herself. Loehrer didn't grant Butler's request for attorneys fees.