Martin Marietta Corp. v. Wake Stone Corp.

Supreme Court of North Carolina
Martin Marietta Corp. v. Wake Stone Corp., 453 S.E.2d 146 (N.C. 1995)
339 N.C. 602; 1995 N.C. LEXIS 21
Orr

Martin Marietta Corp. v. Wake Stone Corp.

Opinion

*603 PER CURIAM.

Having reviewed the record, briefs and oral arguments of the parties, the Court concludes that the record contains a forecast of evidence from which a jury could find that defendants knowingly, or in reckless disregard of the truth, made and distributed statements which were both false and designed to injure or destroy plaintiffs’ business in Nash County, thereby eliminating competition in that area. Such statements do not enjoy constitutional protection. McDonald v. Smith, 472 U.S. 479, 86 L. Ed. 2d 384 (1985). They are “unfair” within the meaning and intent of N.C.G.S. § 75-1.1 and unlawful under the prohibitions contained in N.C.G.S. § 75-5(3). Accordingly, the Court of Appeals was correct in reversing the trial court’s grant of defendants’ motion for summary judgment on plaintiffs’ unfair or deceptive trade practice claim. The decision of the Court of Appeals is therefore

AFFIRMED.

Justice Orr did not participate in the consideration or decision of this case.

Reference

Full Case Name
Martin Marietta Corporation, Martin Marietta Aggregates, and John F. Long, Jr. v. Wake Stone Corporation, and Thomas B. Oxholm
Cited By
7 cases
Status
Published