Graham — An Alamance County Superior Court judge on Thursday dismissed an alienation of affection claim against a Graham pastor.
Mark E. Hosler's claims against John D. Clark Sr. for defamation and loss of job are still pending.
In a complaint filed last month, Hosler claimed that Clark , who leads Pastor John's House in Graham, where he and his wife attended prayer and Bible study meetings, attacked him personally and publicly during the time he was part of the group.
Hosler alleges Clark told the entire group that he had committed evil and that he was abusing his wife, Lee Ann Hosler, and ruining the life of the couple's son. Clark is also accused of making comments about Hosler's working relationship with his boss, Bob Payne, owner of Cedar Rock Environmental, who also attended the meetings.
Hosler said he was barred from the meetings in November of last year, though he made another attempt to remain in the group as late as March to no avail. A month later, he and his wife entered into a separation agreement. He blames Clark for his separation.
Clark's attorney, Daniel Bullard, petitioned the court to dismiss the alienation of affection claim, arguing that Hosler waived his right to bring a grievance against a third party when he signed the separation agreement.
As part of the agreement, the couple agreed to "waive, release and relinquish any and all rights… which either of them may have against third parties for marital torts in connection with the current marriage of the parties."
Hosler's attorney, on the other hand, argued that the claim went beyond a contractual clause because it was a matter of intent.
"Preachers have a duty to use reasonable care," said attorney Stephen Robertson. Those "engaged in the business of faith and preaching and religion" are put in a position of higher trust by the public, he said.
"He has abused that trust," he added.
Robertson asked the judge to allow the claim to continue its course to allow the facts to corroborate the allegations.
Bullard countered that it was not a matter of facts but simply of law. Hosler, he said, imposed this prohibition upon himself when he signed the agreement and should abide by it.
Judge Henry Hight sided with Bullard and granted his petition for dismissal.
For Hosler to file a complaint after having agreed not to do it, "is just a shame," Bullard said, adding that he plans to pursue "sanctions against him."
For his part, Robertson said he will file a motion of leave to amend the complaint.
