{
  "id": 8526189,
  "name": "THOMAS M. WILLIAMS, Individually, and d/b/a TOMMY WILLIAMS WRECKER SERVICE v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and BECKY COX, and JACK R. McKINNEY, Individually and as Agents, or Employees of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY",
  "name_abbreviation": "Williams v. State Farm Mutual Automobile Insurance",
  "decision_date": "1984-03-20",
  "docket_number": "No. 8314SC145",
  "first_page": "271",
  "last_page": "278",
  "citations": [
    {
      "type": "official",
      "cite": "67 N.C. App. 271"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "215 N.C. 427",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8630047
      ],
      "year": 1939,
      "pin_cites": [
        {
          "page": "430"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/215/0427-01"
      ]
    },
    {
      "cite": "21 S.E. 2d 876",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1942,
      "pin_cites": [
        {
          "page": "878-79"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "222 N.C. 75",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8628594
      ],
      "year": 1942,
      "pin_cites": [
        {
          "page": "78"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/222/0075-01"
      ]
    },
    {
      "cite": "89 S.E. 2d 466",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1955,
      "pin_cites": [
        {
          "page": "468"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "242 N.C. 755",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8622561
      ],
      "year": 1955,
      "pin_cites": [
        {
          "page": "757"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/242/0755-01"
      ]
    },
    {
      "cite": "294 S.E. 2d 210",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1982,
      "opinion_index": 0
    },
    {
      "cite": "306 N.C. 385",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8569668,
        8569702,
        8569641,
        8569742,
        8569722
      ],
      "year": 1982,
      "opinion_index": 0,
      "case_paths": [
        "/nc/306/0385-02",
        "/nc/306/0385-03",
        "/nc/306/0385-01",
        "/nc/306/0385-05",
        "/nc/306/0385-04"
      ]
    },
    {
      "cite": "290 S.E. 2d 732",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1982,
      "pin_cites": [
        {
          "page": "736"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "57 N.C. App. 13",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8521700
      ],
      "year": 1982,
      "pin_cites": [
        {
          "page": "20"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/57/0013-01"
      ]
    },
    {
      "cite": "246 S.E. 2d 788",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1978,
      "pin_cites": [
        {
          "page": "789"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "295 N.C. 543",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8564899
      ],
      "year": 1978,
      "pin_cites": [
        {
          "page": "544"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/295/0543-01"
      ]
    },
    {
      "cite": "240 S.E. 2d 360",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1978,
      "opinion_index": 0
    },
    {
      "cite": "294 N.C. 146",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8571110
      ],
      "year": 1978,
      "opinion_index": 0,
      "case_paths": [
        "/nc/294/0146-01"
      ]
    },
    {
      "cite": "234 S.E. 2d 46",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1977,
      "pin_cites": [
        {
          "page": "53"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "33 N.C. App. 1",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8547611
      ],
      "year": 1977,
      "pin_cites": [
        {
          "page": "9"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/33/0001-01"
      ]
    },
    {
      "cite": "231 S.E. 2d 597",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1977,
      "pin_cites": [
        {
          "page": "602"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "291 N.C. 618",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8558843
      ],
      "year": 1977,
      "pin_cites": [
        {
          "page": "626-27"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/291/0618-01"
      ]
    },
    {
      "cite": "215 S.E. 2d 30",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "weight": 3,
      "year": 1975,
      "pin_cites": [
        {
          "page": "38-39"
        },
        {
          "page": "39"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "287 N.C. 448",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8563081
      ],
      "year": 1975,
      "pin_cites": [
        {
          "page": "460"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/287/0448-01"
      ]
    },
    {
      "cite": "239 S.E. 2d 264",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1977,
      "opinion_index": 0
    },
    {
      "cite": "293 N.C. 589",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8565860,
        8565831,
        8565883,
        8565915,
        8565951
      ],
      "year": 1977,
      "opinion_index": 0,
      "case_paths": [
        "/nc/293/0589-02",
        "/nc/293/0589-01",
        "/nc/293/0589-03",
        "/nc/293/0589-04",
        "/nc/293/0589-05"
      ]
    },
    {
      "cite": "237 S.E. 2d 479",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1977,
      "pin_cites": [
        {
          "page": "480"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "34 N.C. App. 144",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8547502
      ],
      "year": 1977,
      "pin_cites": [
        {
          "page": "145"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/34/0144-01"
      ]
    },
    {
      "cite": "253 S.E. 2d 7",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1979,
      "pin_cites": [
        {
          "page": "9-10"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "40 N.C. App. 400",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8550836
      ],
      "year": 1979,
      "pin_cites": [
        {
          "page": "403-04"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/40/0400-01"
      ]
    },
    {
      "cite": "294 S.E. 2d 224",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1982,
      "opinion_index": 0
    },
    {
      "cite": "306 N.C. 558",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8572362,
        8572333,
        8572399,
        8572305,
        8572253
      ],
      "year": 1982,
      "opinion_index": 0,
      "case_paths": [
        "/nc/306/0558-04",
        "/nc/306/0558-03",
        "/nc/306/0558-05",
        "/nc/306/0558-02",
        "/nc/306/0558-01"
      ]
    },
    {
      "cite": "291 S.E. 2d 880",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1982,
      "pin_cites": [
        {
          "page": "883"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "57 N.C. App. 467",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8524879
      ],
      "year": 1982,
      "pin_cites": [
        {
          "page": "471"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/57/0467-01"
      ]
    },
    {
      "cite": "148 S.E. 2d 531",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1966,
      "pin_cites": [
        {
          "page": "534"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "267 N.C. 576",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8559935
      ],
      "year": 1966,
      "pin_cites": [
        {
          "page": "580-81"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/267/0576-01"
      ]
    },
    {
      "cite": "84 S.E. 2d 176",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "weight": 2,
      "year": 1954,
      "pin_cites": [
        {
          "page": "181-82"
        },
        {
          "page": "182"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "240 N.C. 667",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8609041
      ],
      "weight": 2,
      "year": 1954,
      "pin_cites": [
        {
          "page": "674"
        },
        {
          "page": "675"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/240/0667-01"
      ]
    },
    {
      "cite": "136 S.E. 2d 569",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1964,
      "pin_cites": [
        {
          "page": "577-78"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "262 N.C. 121",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8565926
      ],
      "year": 1964,
      "pin_cites": [
        {
          "page": "132"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/262/0121-01"
      ]
    },
    {
      "cite": "233 S.E. 2d 624",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1977,
      "opinion_index": 0
    },
    {
      "cite": "32 N.C. App. 660",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8553029
      ],
      "year": 1977,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/32/0660-01"
      ]
    },
    {
      "cite": "154 S.E. 2d 344",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1967,
      "opinion_index": 0
    },
    {
      "cite": "270 N.C. 160",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8566370
      ],
      "year": 1967,
      "opinion_index": 0,
      "case_paths": [
        "/nc/270/0160-01"
      ]
    },
    {
      "cite": "260 S.E. 2d 611",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1979,
      "opinion_index": 0
    },
    {
      "cite": "298 N.C. 715",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8573981
      ],
      "year": 1979,
      "opinion_index": 0,
      "case_paths": [
        "/nc/298/0715-01"
      ]
    },
    {
      "cite": "182 S.E. 2d 410",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "weight": 2,
      "year": 1971,
      "pin_cites": [
        {
          "page": "415",
          "parenthetical": "quoting 50 Am. Jur. 2d Libel and Slander \u00a7 195 (1970)"
        },
        {
          "page": "414"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "279 N.C. 278",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8566714
      ],
      "weight": 2,
      "year": 1971,
      "pin_cites": [
        {
          "page": "285",
          "parenthetical": "quoting 50 Am. Jur. 2d Libel and Slander \u00a7 195 (1970)"
        },
        {
          "page": "283"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/279/0278-01"
      ]
    },
    {
      "cite": "2 S.E. 2d 1",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1939,
      "pin_cites": [
        {
          "page": "2"
        }
      ],
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 774,
    "char_count": 14988,
    "ocr_confidence": 0.826,
    "pagerank": {
      "raw": 1.812508202257328e-07,
      "percentile": 0.718004215689795
    },
    "sha256": "513ead17973a45d2f3dbfa54537b32840f7048f6873908bab70be28a089ec295",
    "simhash": "1:aa1f4c2a8ea78c4e",
    "word_count": 2517
  },
  "last_updated": "2023-07-14T17:10:21.361774+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Webb and Wells concur."
    ],
    "parties": [
      "THOMAS M. WILLIAMS, Individually, and d/b/a TOMMY WILLIAMS WRECKER SERVICE v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and BECKY COX, and JACK R. McKINNEY, Individually and as Agents, or Employees of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY"
    ],
    "opinions": [
      {
        "text": "WHICHARD, Judge.\nPrior to commencement of this action, plaintiff owned a mechanic and body shop, and defendant State Farm operated a claims adjustment service, in Durham. Defendants Cox and McKinney were employed by defendant State Farm as claims agents.\nIn February 1980 a dispute arose between plaintiff and defendants over the repair of an automobile. The owner called plaintiff and told him to take the automobile to his shop. Plaintiff did so, and prepared an estimate on the cost of repairs. The automobile was insured by defendant State Farm, however, and it refused to accept the estimate. Plaintiff refused to repair the automobile for the price defendant State Farm offered to pay. The automobile was then repaired by another shop. The final cost of repair exceeded plaintiffs estimate.\nSubsequently defendants Cox and McKinney, on at least four occasions, discouraged persons who needed repair work from going to plaintiff. All of these persons nevertheless had their automobiles repaired by plaintiff.\nPlaintiff then instituted this action for slander and interference with contract. The trial court allowed defendants\u2019 motions for directed verdict as to both claims.\nPlaintiff contends the court erred in denying his motion to amend his complaint. The motion was addressed to the discretion of the trial court and will not be reviewed absent a showing of abuse of discretion. Vending Co. v. Turner, 267 N.C. 576, 580-81, 148 S.E. 2d 531, 534 (1966); Saintsing v. Taylor, 57 N.C. App. 467, 471, 291 S.E. 2d 880, 883, disc. rev. denied, 306 N.C. 558, 294 S.E. 2d 224 (1982). The \u201cleave to amend should be freely given and the party objecting to the amendment has the burden to satisfy the trial court that he would be prejudiced thereby.\u201d Garage v. Holston, 40 N.C. App. 400, 403-04, 253 S.E. 2d 7, 9-10 (1979).\nThe complaint was filed on 4 February 1981. After discovery was completed, the case was scheduled for trial on 2 August 1982. On 2 July 1982 plaintiff filed a motion to amend the complaint in order to allege a violation of G.S. 75-1. We find no abuse of discretion in denying a motion to add an additional cause of action after discovery had been completed and a month before trial.\nPlaintiff contends the court erred in denying his motion to compel discovery and sustaining defendants\u2019 motion for a protective order. \u201cIt is a general rule that orders regarding matters of discovery are within the discretion of the trial court and will not be upset on appeal absent a showing of abuse of discretion.\u201d Hudson v. Hudson, 34 N.C. App. 144, 145, 237 S.E. 2d 479, 480, disc. rev. denied, 293 N.C. 589, 239 S.E. 2d 264 (1977). When a party requests production of documents under G.S. 1A-1, Rule 34, he must show good cause, which includes the elements of necessity and relevance. Stanback v. Stanback, 287 N.C. 448, 460, 215 S.E. 2d 30, 38-39 (1975). \u201c[A] mere statement that an examination is material and necessary is not sufficient to support a production order.\u201d Id. at 461, 215 S.E. 2d at 39. The purpose of the rule is to \u201cprevent litigants from engaging in mere fishing expeditions to discover evidence or using the rule for harassment purposes.\u201d Id.\nThe trial judge does not have unlimited authority to issue a protective order. \u201cThe statute [G.S. 1A-1, Rule 26(c)] provides that such order may be issued only \u2018for good cause shown\u2019 and that it may be issued only \u2018to protect a party or person from unreasonable annoyance, embarrassment, oppression or undue burden or expense.\u2019 \u201d Transportation, Inc. v. Strick Corp., 291 N.C. 618, 626-27, 231 S.E. 2d 597, 602 (1977). An order under Rule 26(c) is, however, discretionary, and is reviewable only for abuse of discretion. Booker v. Everhart, 33 N.C. App. 1, 9, 234 S.E. 2d 46, 53 (1977), rev\u2019d on other grounds, 294 N.C. 146, 240 S.E. 2d 360 (1978).\nThe interrogatories and requests for production of documents here were very broad. Plaintiff has not shown that the materials sought were relevant or necessary. To comply with the request would have been burdensome to defendants. Under these circumstances we find no abuse of discretion in the denial of plaintiffs motion to compel discovery and the allowance of defendants\u2019 motion for a protective order.\nPlaintiff contends the court erred in granting defendants\u2019 motions for directed verdict. In deciding whether to grant a motion for directed verdict, \u201cthe court must consider the evidence in the light most favorable to the non-movant, deeming all evidence which tends to support his position to be true, resolving all evidentiary conflicts favorably to him and giving the non-movant the benefit of all inferences reasonably to be drawn in his favor.\u201d Daughtry v. Turnage, 295 N.C. 543, 544, 246 S.E. 2d 788, 789 (1978).\n\u201cSlander is the speaking of base or defamatory words which tend to prejudice another in his reputation, office, trade, business, or means of livelihood.\u201d Morrow v. Kings Department Stores, 57 N.C. App. 13, 20, 290 S.E. 2d 732, 736, disc. rev. denied, 306 N.C. 385, 294 S.E. 2d 210 (1982). To be actionable, the statement must be false. Id.; see also Badame v. Lampke, 242 N.C. 755, 757, 89 S.E. 2d 466, 468 (1955); Parker v. Edwards, 222 N.C. 75, 78, 21 S.E. 2d 876, 878-79 (1942). If the false words impute to a person \u201cconduct derogatory to his character and standing as a business man and [tend] to prejudice him in his business,\u201d they are actionable per se and damages are presumed. Badame v. Lampke, supra; see also Scott v. Harrison, 215 N.C. 427, 430, 2 S.E. 2d 1, 2 (1939).\nIf statements are slanderous per se, the question arises of whether they were qualifiedly privileged.\nA qualified or conditionally privileged communication is one made in good faith on any subject matter in which the person communicating has an interest, or in reference to which he has a right or duty, if made to a person having a corresponding interest or duty on a privileged occasion and in a manner and under circumstances fairly warranted by the occasion and duty, right, or interest. The essential elements thereof are . . . good faith, an interest to be upheld, a statement limited in its scope to this purpose, a proper occasion, and publication in a proper manner and to proper parties only.\nStewart v. Check Corp., 279 N.C. 278, 285, 182 S.E. 2d 410, 415 (1971) (quoting 50 Am. Jur. 2d Libel and Slander \u00a7 195 (1970)). If a qualified privilege exists, plaintiff has the burden of proving actual malice to destroy the qualified privilege. Stewart, supra, 279 N.C. at 283, 182 S.E. 2d at 414; see also Presnell v. Pell, 298 N.C. 715, 260 S.E. 2d 611 (1979); Bouligny, Inc. v. Steelworkers, 270 N.C. 160, 154 S.E. 2d 344 (1967); Towne v. Cope, 32 N.C. App. 660, 233 S.E. 2d 624 (1977).\nThe record indicates that on three separate occasions defendant Cox made statements about plaintiff to persons insured by defendant State Farm. The remarks were made when the insureds came to defendant Cox to discuss repair of their automobiles. One insured testified to the following conversation with defendant Cox:\nAs to whether she asked me where the car was going to be repaired we discussed body shops in the area and I subsequently said something about Mr. Williams because I\u2019ve known Tommy for a long time and my wife wanted the work done there also. As to what Ms. Cox said, well, she said that she had had troubles with Tommy before and wouldn\u2019t recommend taking the car there and specifically that Mr. Williams put used parts on a car and would charge for new parts and to have the car repaired properly it should not be done there.\nAnother insured testified to the following conversation with defendant Cox:\nMs. Cox said, \u201cWell, I wouldn\u2019t recommend Mr. Williams for the simple fact that we have had some business dealings with him and they have not been very good. We have had some trouble with a few cars that we sent out there to him and because of those troubles we wouldn\u2019t recommend him to anyone else.\u201d At that time it was also added [by] Ms. Cox, \u201cExcuse me. I\u2019m not supposed to say that.\u201d\nMs. Cox told me that \u201cWe had a problem with a car out there.\u201d The names were mentioned where a quarter panel was supposed to be replaced and was not. It was repaired.\nWhen I asked about Mr. Williams she told me she would not recommend Tommy Williams to anyone. She said he was using used parts and charging for new parts was mentioned.\nA third insured testified to the following conversation with defendant Cox:\n[Ms. Cox] . . . said \u201cDo you have anybody in particular you would like to have this done by?\u201d and I said, \u201cYes, Tommy Williams.\u201d At this point she replied, saying, \u201cIsn\u2019t there anybody else you would like to have that done by?\u201d\nI said, \u201cNo\u201d, and she said, \u201cWell, we do not like to deal with Tommy Williams.\u201d And then she said, \u201cCan\u2019t you think of anybody else?\u201d and tried to dissuade me from the idea, but I wouldn\u2019t change my mind.\nShe said, \u201cWe don\u2019t like to deal with Tommy Williams\u201d and I said \u201cThat\u2019s who I want to have my car fixed by\u201d as far as saying, \u201cWe\u2019ve had trouble in the past with Tommy\u201d I can\u2019t quite remember. There was something said about having trouble with Tommy, but I couldn\u2019t quite catch her meaning because I wasn\u2019t sure if Tommy had just [been] hard to get along with or what.\nThe thrust of the above conversations is that defendants had trouble working with plaintiff in the past and preferred not to work with him in the future. There is no question that plaintiff and defendants had disputes over repair work. Further, the only specific instance mentioned by defendant Cox was that plaintiff put used parts in cars and charged defendant State Farm for new parts. Plaintiff admitted that he did this and that if there was excess money he gave it to the customer. Since plaintiff admitted the truth of the statements made by defendants, the remarks were not actionable as slander. Morrow, supra; Badame, supra; Parker, supra. The court thus correctly granted directed verdict for defendants as to the slander claim.\nIn regard to the interference with contract claim, our Supreme Court has stated that\nan action in tort lies against an outsider who knowingly, intentionally and unjustifiably induces one party to a contract to breach it to the damage of the other party. . . .\nTo subject the outsider to liability for compensatory damages on account of this tort, the plaintiff must allege and prove these essential elements of the wrong: First, that a valid contract existed between the plaintiff and a third person, conferring upon the plaintiff some contractual right against the third person. Second, that the outsider had knowledge of the plaintiffs contract with the third person. Third, that the outsider intentionally induced the third person not to perform his contract with the plaintiff. Fourth, that in so doing the outsider acted without justification. Fifth, that the outsider\u2019s act caused the plaintiff actual damages.\nWilson v. McClenny, 262 N.C. 121, 132, 136 S.E. 2d 569, 577-78 (1964), (quoting Childress v. Abeles, 240 N.C. 667, 674, 84 S.E. 2d 176, 181-82 (1954)). \u201cIf the outsider has a sufficient lawful reason for inducing the breach of contract, he is exempt from liability for so doing, no matter how malicious in actuality his conduct may be.\u201d Childress, supra, 240 N.C. at 675, 84 S.E. 2d at 182.\nDefendant State Farm had a legitimate business interest in getting automobiles which it insured repaired correctly and for the lowest price. Also, plaintiff testified that there was no contract when the automobile involved in the February 1980 dispute was taken to another shop. The court thus correctly granted directed verdict on the interference with contract claim.\nPlaintiff contends the court erred in excluding certain testimony. The record indicates that the witness would have testified regarding a conversation with defendant McKinney. Similar evidence was introduced, however, through the testimony of the three insureds quoted above. Exclusion of this testimony thus did not constitute prejudicial error.\nAffirmed.\nJudges Webb and Wells concur.",
        "type": "majority",
        "author": "WHICHARD, Judge."
      }
    ],
    "attorneys": [
      "Robert B. Glenn, Jr., for plaintiff appellant.",
      "Haywood, Denny & Miller, by George W. Miller, Jr., for defendant appellee."
    ],
    "corrections": "",
    "head_matter": "THOMAS M. WILLIAMS, Individually, and d/b/a TOMMY WILLIAMS WRECKER SERVICE v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and BECKY COX, and JACK R. McKINNEY, Individually and as Agents, or Employees of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY\nNo. 8314SC145\n(Filed 20 March 1984)\n1. Rules oi Civil Procedure \u00a7 15.1\u2014 denial of motion to amend complaint\nThe trial court did not abuse its discretion in denying plaintiffs motion to amend the complaint to add an additional cause of action after discovery had been completed and a month before trial.\n2. Rides of Civil Procedure 8 26\u2014 denial of motion to compel discovery \u2014 allowance of protective order\nThe trial court did not abuse its discretion in denying plaintiffs motion to compel discovery and in sustaining defendants\u2019 motion for a protective order where plaintiffs interrogatories and requests for production of documents were very broad; plaintiff failed to show that the materials sought were relevant or necessary; and it would have been burdensome to defendants to comply with plaintiffs request.\n3. Libel and Slander \u00a7 16\u2014 insufficient evidence of slander\nPlaintiffs evidence was insufficient for the jury in an action for slander where it tended to show that plaintiff owned an automobile body shop; on three occasions an employee of defendant insurer made statements to persons insured by defendant insurer to the effect that defendants had trouble working with plaintiff in the past and preferred not to work with him in the future; there was no question that plaintiff and defendants had disputes over repair work; the only specific instance mentioned by the employee was that plaintiff put used parts in cars and charged defendant insurer for new parts; and plaintiff admitted that he did this and that if there was excess money he gave it to the customer.\n4. Contracts 8 34\u2014 interference with contractual rights \u2014 insufficient evidence\nPlaintiffs evidence was insufficient for the jury in an action for interference with contract by defendant insurer in refusing to accept plaintiffs estimate on the cost of repairs of an automobile which had been taken to plaintiffs automobile body shop and which was then repaired by another shop at a cost exceeding plaintiffs estimate, since defendant insurer had a legitimate business interest in getting automobiles which it insured repaired correctly and for the lowest price, and since plaintiff testified that there was no contract when the automobile involved in the dispute was taken to another shop.\nAppeal by plaintiff from Preston, Judge. Judgment entered 4 August 1982 in Superior Court, DURHAM County. Heard in the Court of Appeals 13 January 1984.\nPlaintiff appeals from allowance of defendants\u2019 motions for directed verdict in an action for slander and interference with contract.\nRobert B. Glenn, Jr., for plaintiff appellant.\nHaywood, Denny & Miller, by George W. Miller, Jr., for defendant appellee."
  },
  "file_name": "0271-01",
  "first_page_order": 303,
  "last_page_order": 310
}
