DeVaney v. Thriftway Marketing Corp.
New Mexico Supreme Court
124 N.M. 512, 953 P.2d 277 (1997)
- Written by Sharon Feldman, JD
Facts
David DeVaney (plaintiff) managed a store operated by Thriftway Marketing Corp. (Thriftway) (defendant) within the Navajo Nation. A newspaper reported DeVaney’s comments that Thriftway did not really care about the Navajo people, Thriftway had cut prices so much in a surrounding community that it had to increase the reservation’s gasoline price, and Thriftway’s hiring practices demonstrated insensitivity to the Navajo culture. Thriftway sued DeVaney for defamation and interference with business relations, alleging that DeVaney’s comments had caused negotiations for the sale of Thriftway stores within the Navajo Nation to fail. Thriftway dismissed its suit after a court order compelled the production of documents about Thriftway’s personnel practices and gasoline prices. DeVaney sued Thriftway for malicious prosecution and abuse of process, claiming that Thriftway sued him to silence his criticism. The court granted summary judgment to Thriftway. The appellate court affirmed, finding that DeVaney failed to prove special damages and an improper extortionate act in addition to the complaint’s filing. The New Mexico Supreme Court granted DeVaney’s certiorari petition.
Rule of Law
Issue
Holding and Reasoning (Minzner, J.)
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