law-business-disparagement-claim | defamation of character | tortious interference cause of action | loss of goodwill

BIZ DISPARAGEMENT TORT

David Rafes, Inc. v. Huml (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Jennings) (defamation business
disparagement claim re product quality,
tortious interference with prospective business relationships, substantial
truth defense to defamation claim succeeds)
AFFIRM TC JUDGMENT: Opinion by
Justice Jennings     
Before Justices Jennings, Higley and Sharp  
01-08-00856-CV    David Rafes, Inc. v. Michael Huml and Slowboy Racing, Inc.   
Appeal from 11th District Court of Harris County
Trial Court Judge:
Hon. Mark Davidson
In sum, the trial court was presented with ample evidence substantiating the "gist" of the statements contained in
the internet article regarding the production and manufacturing of the turbocharger. Accordingly, we hold that the
evidence is legally and factually sufficient to support the trial court's implied finding that Rafes's claims against
Huml and Slowboy were barred by the affirmative defense of substantial truth.
We further hold that the trial court did not err in entering the take-nothing judgment against Rafes.



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