Tom Martino apologizes (sort of) to "waste of skin" ex-pal after lawsuit dismissed

Tom Martino.

Update:Consumer advocate Tom Martino, who filed for bankruptcy last year, has been unhappy with our coverage of a lawsuit taken out against him by a former friend he dubbed a "waste of skin;" get details about a dare regarding my balls below. However, he was kind enough to let us know the matter has now been dismissed with prejudice. Continue to see the ruling and get reactions from Martino and his ex-pal.

As we've reported, the plaintiff in the case is Sheldon Chrysler, who describes himself as being "a victim of multiple economic crimes," as well as being "an 'at risk' disabled senior citizen and military veteran...dealing with mental health issues" prompted in part by the passing of his twin brother, Barry.

From a book Sheldon Chrysler wrote about himself and his late twin brother, Barry.

Chrysler's suit accuses Martino of harassment via phone calls and e-mails over a series of years. Here's an example of one such e-mail, from May 2009...

By the way. Fuck you for believing a piece of shit over a friend of 20 years. It is no wonder you ruined your relationship with your twin. Don't blame Ron. It was all you. You are a negative failure and should deal with it.

...and another from October 2011:

Sheldon,

I regret ever knowing you. You are a two-faced piece of shit.

I found out that you continue to perpetrate your lies about me being the "master-mind" behind that loan you got with Chris Kane. You even tries to get me in trouble with the US Department of Justice during my bankruptcy.

What a pitiful sorry pieve of shit you are.

You are a lonely, nasty, grumpy excuse for a human and a waste of skin.

I am sorry you got involved with Kane and it resulted in you losing your building. But I had nothing to do with it. How dare you try to ruin me and my family. But you will not prevail. I have never lied to you or anyone. I live my life by that code.

I have helped countless people -- including you. Or do you forget the loans I made you? Did you forget the $3,000 I GAVE you?

Your entire life has been living off of others. You think you have helped so many people and that you are selfless. But you are a sorry piece of shit.

I never want to see or hear from you again. My wife and I were shocked that you would try to ruin us in our darkest hour. But it during times like this that you get to know who your real friends are.

You are not my friend. And you are not a fried to anyone.

You are a bitter, selfish, evil person to the core.

That is why your brother died hating you. That is why everyone talks behind your back and know what a dirt bag you are.

I WAS your friend. Thank God I found out what you sare really made of -- shit -- to the core. I hope I never see you face to face. You won't like the results.

Tom

Judge J. Eric Elliff.

Mean? Sure. But Chrysler needed to prove that Martino's words qualified as "outrageous conduct," and in the view of Denver District Court Judge J. Eric Elliff, he didn't manage to do so. Elliff writes:

The level of outrageousness required for conduct to be considered "outrageous conduct" and create liability is extremely high.... "Mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities are insufficient. Only conduct that is so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency and be regarded as atrocious and utterly intolerable in a civilized community, will suffice."

While the language of the e-mails is certainly unkind and insulting, the Court finds that Defendant's conduct does not rise to level of outrageous conduct required. Even accepting as true Plaintiff's allegation that Defendant was aware of Plaintiff's chronic depression, the Court stills finds that Defendant's conduct was not sufficiently extreme or outrageous to support a claim for relief.

As such, Elliff granted Martino's motion for summary judgment and dismissed with prejudice a trial set for December 17.

Continue for the reactions of Martino and Chrysler to the suit's dismissal.