ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, May 2, 1990                   TAG: 9005020247
SECTION: VIRGINIA                    PAGE: B3   EDITION: NEW RIVER VALLEY  
SOURCE: MARGARET CAMLIN NEW RIVER VALLEY BUREAU
DATELINE: CHRISTIANSBURG                                LENGTH: Medium


SCHOOLS CHIEF ASKS FOR SUIT'S DISMISSAL

An attorney for Superintendent Harold Dodge has asked the courts to dismiss a lawsuit filed by T.O. Williams, former personnel director for Montgomery County schools.

Williams sued Dodge for $100,000, alleging that Dodge fired him without cause.

In a motion filed Monday in Circuit Court, Dodge took exception to several items in the lawsuit Williams brought April 3.

He wants a judge to dismiss Williams' motion for judgment "with prejudice," which means Williams would be barred from suing again on the same claim or cause.

A Richmond law firm, Browder and Russell, filed the motion. It says the so-called "communication" that Williams' lawsuit alludes to - from Dodge to Jill Graybeal, assistant superintendent for personnel, about Williams - is privileged information.

Williams has alleged that the "communication" was defamatory and injured his reputation.

Williams must therefore "plead facts from which a reasonable person could infer that defendant [Dodge] was motivated by actual malice . . . independent of the occasion on which the communication was made," the motion says.

The motion also objects to Williams' allegation that Dodge interfered with his contractual relationship with the School Board.

Dodge is an agent and employee of the School Board and was not a third party, the motion says. "A single entity, such as the School Board and its agents, cannot intentionally interfere with its own contract," the motion says.

Dodge also asked that Williams produce a copy of his contract of employment with the School Board within 10 days.

Williams' suit alleges that Dodge used "improper and illegal methods" to interfere with the contractual relationship between Williams and the School Board.

***CORRECTION***

Published correction ran on May 3, 1990\ Correction

Due to a copy editor's error, a story in Wednesday's edition incorrectly referred to T.O. Williams as the former personnel director for Montgomery County schools. Williams is currently the personnel director and his contract extends through June 29.


Memo: correction

by CNB