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Verdicts & Settlements: Intentional Torts

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Online business disparagement

May 21, 2020

Robert Devoll, a successful periodontist, operated his practice in Harris County, Texas. He read an online review of his practice on the review forum Yelp, which claimed that Devoll had negligently performed dental implant work on a patient. The review, which remained on the Yelp site for five years, harmed Devoll’s reputation.

Devoll sued oral surgeon Michael Anton and his wife, periodontist Margaret Anton, alleging the defendants were liable for negligence, negligence per se, business disparagement, intentional infliction of emotional distress, and statutory violations arising out of Margaret’s posting of the negative review from the couple’s computer. The plaintiff asserted that the defendants, who are his competitors, had purposefully posted the review to damage his personal and professional reputation in the county.

The jury awarded $117,000. The parties subsequently settled for an undisclosed amount.

Citation: Devoll v. Anton, No. 2015-08590 (Tex. Dist. Ct. Harris Cty. Jan. 2020).

Plaintiff counsel: Kenneth D. McConnico, Houston.

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