![if gte IE 9]><![endif]><![if gte IE 9]><![endif]><![if gte IE 9]><![endif]>
Thank You For Submiting Feedback!
Deliberate and malevolent conduct, albeit confined to words, is a serious a matter, requiring the protection of the law to a great degree.
Plaintiffs were of non-white descent and they contracted to purchase a home in the neighborhood where the defendant lived. The defendant contacted the builder and expressed his anger at the thought of the plaintiffs moving into the neighborhood. The resident threatened bodily harm to the builder, the plaintiffs, and the latter’s children if the sale were consummated. Plaintiffs filed a complaint for damages based on allegations of a willful and malicious tort committed by the defendant. The defendant filed a motion to dismiss which was denied by the court.
Was the motion to dismiss properly denied?
The complaint was sufficient to state a cause of action. Deliberate and malevolent conduct that was confined to words required the protection of the law. The fact that the threats were uttered to an intermediary did not detract from its illegality.