A defamation lawsuit related to a local primary election is making its way to the state's Superior Court.

On Nov. 2, Common Pleas Visiting Judge Timothy Creany dismissed a defamation suit that was filed by state Rep. Daryl Metcalfe's daughter, Lisa Swinto. The lawsuit, filed in May, claimed that Scott Timko hurt Swinto's reputation in campaign pamphlets that attacked her and Metcalfe during Timko's bid to unseat Metcalfe.

The Republican beat Timko for the 12th state House seat last month, an office he has held since 1999. Last week, Swinto appealed Creany's dismissal to the state's Superior Court, which is one level below the state's Supreme Court.

“We were disappointed with the judge's ruling on this case, but it's not over,” Swinto's lawyer, Jordan Shuber, said. “The narrative from Mr. Timko's camp is somewhat ironic. While there's been a lot of virtue signaling from them about standing up for what's right and justice for all people, there's simply nothing virtuous or noble about the pamphlet that was published by their campaign about my client.”

Creany found that accusations made in the pamphlet, which was distributed to potential district voters by a group called Friends of Scott Timko, did not contain any accusations of criminal activity against Swinto.

Swinto is called a lobbyist in the pamphlet, and Creany concluded that this did not harm Swinto's “reputation as to lower her estimation of the community or to deter” others from associating or dealing with her. He continues, “People often associate with lobbyists, both while they perform their role and in private life.”

Creany also noted that the pamphlets were spread during the primary election that involved Swinto's father, making the issues relevant to the public and, therefore, of public interest.

“These statements are a matter of public concern because they involved exchange of information relevant to self-governance,” Creany wrote in his decision. “In addition to not being defamatory, the statements about the daughter being a lobbyist would influence the public's opinion on who to vote for, and who would serve as a better candidate to represent them in government.”

Shuber disagreed, arguing that, “We believe that attack was defamatory and are hopeful that the Superior Court agrees with that position on appeal.”

After Creany's decision last month, a joint statement was released by Timko's attorneys, Timothy Wojton and the Gilliland Vanasdale Sinatra Law office: “Scott Timko had the courage to stand up to a 22-year career politician and fight for change. Today's ruling proves that the Constitution and freedom of speech protects those who challenge bullies and justice prevailed.”

In the original lawsuit, Swinto claims her standing in the community was hurt and asked for a judgment in her favor and for compensation in excess of $35,000.

After losing to Metcalfe in the primary, Timko ran a write-in campaign in November's general election, which he also lost to Metcalfe.

The Superior Court will now consider the appeal and make a decision.