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Sheldon Chrysler Complaint Against Tom Martino

Sheldon Chrysler Complaint Against Tom Martino

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Categories:Types, Legal forms
Published by: Nick on Mar 12, 2012
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Court Use Only ▲
 SHELDON CHRYSLER,Plaintiff,Vs.THOMAS MARTINO,Defendants.Plaintiff:Sheldon A. Chrysler743 Glencoe StreetDenver, CO 80220303 355-4872 Case No.Division:COMPLAINT FOR DAMAGESCOMES NOW, the Plaintiff, above-named and submits the within Complaint pro seasserting as follows:1.
The amount in controversy exceeds $15,000.00.2.
That the Plaintiff, Sheldon Chrysler, currently resides and has resided inthe City and County of Denver at all times relevant in this action.3.
Defendant, Thomas Martino, currently resides and has resided inArapahoe County at all time relevant in this action.4.
That venue is proper in the County of Denver because Plaintiff resided inthe County of Denver at the time of the commission of the tortuous acts byDefendant and the conduct was transmitted to Plaintiff electronically to
Plaintiff’s computer at his
residence in the County of Denver from either
Defendant’s computer in the County
of Arapahoe
or Defendant’s portable
electronic communication device.
Plaintiff and Defendant had previously been friends for over twenty years.6.
Plaintiff had met Defendant through business interactions andsubsequently developed a long-lasting friendship.FIRST CAUSE OF ACTION
Plaintiff would incorporate by reference paragraphs 1 through 6 as setforth above.8.
During the course of that friendship, Defendant became aware of 
Plaintiff’s chronic, clinical depression and referred Plaintiff toDefendant’s psychiatrist.
At all times relevant to this case, Defendant was well aware of the fact thatPlaintiff was consi
dered “disabled” as a result of his chronic and clinical
depression, as well as physical ailments.10.
During the course of a period of time in the final months of 2011,Defendant engaged in a continued pattern of extreme and outrageousconduct in contacting Plaintiff both by telephone and by e-mail in aspecific effort to cause Plaintiff severe emotional distress.11.
Given Defendant’s knowledge of Plaintiff’s emotional and psychological
condition, Defendant knew or should have known that his actions wouldlead to Plaintiff suffering from severe emotional distress.12.
Plaintiff contends that it was Defendant’s desired intent to cause Plaintiff 
serious and lasting emotional distress by a series of continued conduct inwhich Defendant made numerous outrageous statements and threats toPlaintiff.13.
Based on their long-
standing friendship and Defendant’s knowledge of Plaintiff’s fragile mental and emotional state, Defendant had
duty toexercise due care towards Plaintiff.14.
Defendant engaged in a series of harassing, intimidating, and threateninge-mails directed towards Plaintiff in which he used extreme profanity,name-calling, abusive comments, and threats.15.
Starting in May 2009, Defendant started a course of continued e-mailharassment and intimidation. Starting on May 21, 2009, Defendantcommenced using profanity towards Plaintiff and commenced referring to
Plaintiff in such derogatory terms as being a “disgrace” and telling
Plaintiff that he in profanity that Plaintiff should have sex with himself.Defendant then continued to use profanity to claim that Plaintiff was a liarand a sack of defecation.16.
On October 29, 2011, Defendant sent Plaintiff an e-mail in whichDefendant made a series of extremely derogatory, inflammatory, anddistressing comments about Plaintiff. As part of that e-
mail entitled “MYREGRET,” Defendant referred to Plaintiff as a “pitiful pieve (sic) of sh**t.” Additionally, Defendant claimed that Plaintiff was a “lonely,nasty, grumpy excuse for a human and a waste of skin.”
On October 30, 2011, Defendant sent Plaintiff an e-mail in which
Defendant referred to the Plaintiff as a “spineless piece of sh**t(expletive)” in the subject line, along with a comment inquiring of Plaintiff “(j)ust checking to see if you got my message.”
dant continued on to again contend that Plaintiff was a “sorry pieceof sh**t.”
Then, Defendant went on to claim that Plaintiff was a “bitter,selfish, evil person to the core.”
Defendant further struck an even more sore spot for Plaintiff by claiming
hat is why your brother (with whom Plaintiff had an incredibly strong
 bond) hating you.” Defendant knew that such comments would be
incredibly devastating to Plaintiff, as Defendant had known that Plaintiff had mourned the death of his twin brother for the previous decade and hadeven written a book and published the book regarding the specialconnection between Plaintiff and his twin brother, Barry.20.
In the same e-
mail, Defendant claimed that Plaintiff was simply “made of sh**t,”“ sh**t to the core,” and a “dirt bag.”
In conclusion, Defendantspecifically threatened that if Defendant ever saw Plaintiff again that
Plaintiff “would not like the results,” which Plaintiff understandably and
reasonably took as being a threat that Defendant would physically assaultPlaintiff.21.
Throughout Defendant’s conduct towards Plaintiff, Defendant specifically
intended to cause emotional distress to Plaintiff. Defendant
 conduct was intentional and malicious and done for the purpose of causingPlaintiff to suffer humiliation, mental anguish, and emotional and physicaldistress.22.
As a proximate result of Defendant's extreme and outrageous conductdirected towards Plaintiff, Plaintiff has suffered severe humiliation, mentalanguish, and emotional and physical distress, and has been
injured in
mind and body to such an extent that Plaintiff’s depression has worsened

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