San Francisco- Baseball star Barry Bonds has made legal history again as a California appeals court rejected a slander case against him, ruling that he was justified in calling a podiatrist a liar in a newspaper article.
The San Francisco Chronicle reported in 2002 on the marketing practices of Dr. Andrew Carver who claimed, among other things, that he fitted Bonds for orthotic foot supports and that the slugger wore them while breaking the home-run record during the 2001 season.
Asked to comment on Carver, Bonds told the Chronicle: "I don't like that man. I don't like that man. He's a liar."
Carver produced a copy of the $1,575 check he received from Bonds for the orthotics. But the 1st District Court of Appeal said his slander claim should be struck under the anti-SLAPP statute because he had not made a prima facie showing that Bonds' statement was substantially false.
According to Bonds' undisputed testimony, the court noted, Carver had threatened to lie to the press about him, saying he came to a party high on marijuana, if he did not pay for some electric bikes and scooters that the podiatrist had lent him.
Bonds also testified that Carver reneged on an offer to give him the orthotics for free.
"Bonds was justified in calling plaintiff a liar in view of those undisputed facts," said the unanimous opinion, which also affirmed an award of $30,107 in attorney's fees to Bonds.
The San Francisco Giants outfielder is now batting .1000 in published appellate decisions. Five years ago, the California Supreme Court reversed the 1st District and upheld his prenuptial agreement with his ex-wife in a landmark divorce case. In re Marriage of Bonds, 24 Cal.4th 1 (2000).
The ball that Bonds hit for his record 73rd home run in 2001 became the subject of another legal battle after two fans claimed possession of it.
