Titan resolves slander suit

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Submitted: Wed, 04/04/2012 - 6:13pm
Updated: Sun, 04/08/2012 - 1:10am

WILMINGTON, NC (WWAY) — Titan America LLC has resolved a slander suit it filed against two local residents. The cement company had accused Dr. David Hill and Kayne Darrell of making false statements about the company.

According to a statement the company released today, a mediation session today was the first time it had met personally and with Hill and Darrell.

“Having done so, we do not believe that either Dr. Hill or Ms. Darrell intentionally made any false statements about Titan or our plant in New Hanover County,” Titan said in its statement. “Titan maintains that its cement plant will be operated in accordance with the required rules and regulations as set forth by the Environmental Protection Agency and administered by the State of North Carolina and that there will be no adverse health effects from the operation of the plant. However, we recognize that reasonable minds have the right to disagree, and respect both Dr. Hill and Ms. Darrell’s right to do so.”

Hill, a Wilmington pediatrician, and Darrell have spoken out about Titan’s plans to build a cement plant along the Northeast Cape Fear River in Castle Hayne and the potential for health risks and environmental damage.


  • Bee Smart says:

    Attacking Kayne Darrell and her political views doesn’t change the FACTS that back her and Dr. Hill’s statements. What you are attempting to do by calling her names and SLANDERING HER, is to distract from the fact that Titan attempted to shut the citizens up and FAILED.

    Also, it is absolutely SENSELESS to call mothers who are genuinely concerned about their children’s health “extremists.” It is senseless to to call business owners concerned about the impacts to their livelihoods “extremists.” People who care about their health, their quality of life, and their children’s safety are far from extremists. They are called human-beings.

  • truthseeker says:

    and when the truth can easily be referenced and backed-up with fact, it is a SLAPP pure and simple. But you would know that if you took the time to educate yourself about this issue. So I don’t expect you will read this because some just refuse to be confused with the facts….


  • GuestMan says:

    Do you work for Titan? Between you and Commonsense, we now officially have enough jailhouse lawyers on this board.

  • dt says:

    I am not a lawyer, but: What Dr. Hill and Ms. Darrell said was not slanderous under North Carolina law. Why? Because a) what they said could be documented (ie, it’s true) and b) even if it weren’t true, they believed it was true. In other words, they did not promote an intentional lie in order to destroy Titan’s reputation. Frankly, Titan does a fine job of that all by itself.

    Here’s the relevant bit from the Citizen’s Media Law Project:

    “In North Carolina, a private figure plaintiff bringing a defamation lawsuit must prove that the defendant was at least negligent with respect to the truth or falsity of the allegedly defamatory statements. Public officials, all-purpose public figures, and limited-purpose public figures must prove that the defendant acted with actual malice, i.e., knowing that the statements were false or recklessly disregarding their falsity.”


    And in response to one of the commenters above, no, most businesses would NOT react this way, because they know they’d lose, both in legal court and the court of public opinion. And governments certainly would not, because they’re required to uphold the First Amendment.

    Disparaging Hill or Darrell in these comments, however, could qualify as defamation. So be nice.


  • GuestMan says:

    I don’t trust them as far as I can throw a wet bag of cement.

  • setrecordstraight says:

    Same can be said of Ms Darrell who has been a far to the left politico using Titan issue for many other causes in the opinion of many of us who have seen her views on other matters too. Titan may be all cement but some of these extreme environmentalists are all wet.

  • KT says:

    Well,at least they are now on record saying that disagreement is not illegal. Wow. Wonder how many lawyers they paid to learn that?

  • Guests says:

    Saying you are going to be great neighbors while suing citizens of the community never really made much sense anyway.

  • Guest7969 says:

    Slandering companies that want to come into the area with jobs and tax dollars who are following the permitting process and the law…doesn’t make much sense either…

  • Guest327 says:

    At first, I was somewhat in favor of Titan coming to town, as long as they stayed within the guidelines for pollution and such. Since they basically attacked two people that dared speak against them, I am not so sure that they will be a good neighbor. Hope they go somewhere else.

  • Guest7969 says:

    called SLANDER…and just about ANY business up to and including government offices would do the SAME THING…

  • Guesty1 says:

    Titan knew that they wouldn’t win a case against Dr. Hill and Ms. Darrell. They just did it to inconvenience them and scare other opposition. That lack of integrity tells me that we don’t need them in our city. Go away Titan. Your 160 lousy jobs (working for tyrants) aren’t wanted.

  • fedup says:

    Everything the two victims of the lawsuit said can be backed up with facts. – That is why this is NOT slander but a SLAPP (Strategic Lawsuit Against Public Participation) and why it is illegal in more than half the states in the country (unfortunately not NC). It is also why Titan dismissed the case this week. They know they have no possibility of winning. Their only goal was to intimidate and silence their critics.
    Shameful, disgrace and certainly not good corporate neighbor behavior.

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