Sheldon Chrysler of Denver filed the suit after receiving several emails from Martino last fall. Chrysler filed the suit claiming the emails caused him "emotional damage."
Denver District Court Judge J. Eric Elliff wrote in his ruling, "While the language of the emails is certainly unkind and insulting, the Court finds that Defendant's conduct does not rise to the level of outrageous conduct required."
He dismissed the case "with prejudice".
In a statement released to 9NEWS, Martino apologized for the emails and said he will not be seeking legal fees in the case.
Martino's entire statement:
"This should have never risen to the level of a lawsuit. It was simply a disagreement between people. Sheldon sued me out of anger because I discovered he was a two-faced friend and called him out on it. However, I took the wrong approach. I should not have written such a mean-spirited letter. It was childish and wrong. It obviously hurt his feelings and I am sorry for that. I harbor no resentment and will not be seeking legal fees."
Chrysler also issued a statement saying he is disappointed in the ruling, but accepts Martino's apology. Here is more of Chrysler's statement:
"I filed a lawsuit against Tom Martino several months ago because I believed I had a good case against him on, "Intentional infliction of emotional damages". Because I did not have the financial resources, I had no attorney to represent me in the case, and I firmly believe that played into the decision by the judge in this case, to dismiss it with prejudice. Naturally I'm disappointed that I didn't get an opportunity to present my case before a jury, however, I need to respect the decision of the court and the judge.
I want to congratulate Tom on his court victory. I received an email from Tom. In that email, Tom admits that he was wrong on sending to me those vulgar and threatening emails. Additionally, he apologized for his actions. In the 30+ years I've know Tom, I've never heard Tom admit to me he was ever wrong. So, now having seen Tom admit that he was wrong, gives me a sense that Tom is truly remorseful on his actions, and he is stepping up to the plate to admit and confess the errors of his ways. That is very big of him to do that, and yes, I do accept his apology."
Chrysler has also filed a lawsuit against Chris Cane, a business partner of Martino, who also works as a consumer advocate. That case is scheduled to go to trial in January. Chrysler plans on acting as his own attorney.