Attorney Brett Norton of MOODK’s Delaware office secured a dismissal of a defamation and negligent training lawsuit against MOODK’s client in Wilmington, DE. Plaintiff alleged that MOODK’s client defamed him when one of its employees informed him that the bathrooms were currently closed because of unsafe conditions and that defendant negligently trained its staff by refusing plaintiff the use of the bathroom. MOODK moved for dismissal of the claims, which the trial court granted holding that the employee’s statements were not defamatory because they were opinions and not fact. Furthermore, the trial could held that the negligent training claim failed because plaintiff failed to plead a cognizable duty because the duty to train must be established by an underlying tort, which did not exist based upon the pleaded facts. Lastly, the trial court held that plaintiff’s claim for damages was insufficiently pleaded in so much as plaintiff did not allege any physical injury arising out of the alleged tortious actions.