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Bert Cooper Case Summary

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Under North Carolina law, does a person have a cause of action for intentional infliction of emotional distress against an actor who posts negative information about that person on a risqué website, who attempts to cause that person severe distress with the negative information that she posts, and whose actions result in a level of distress that requires that the person receives treatment under a doctor’s care.

Brief Answer

Yes. Bert Cooper probably has a cause of action for intentional infliction of emotional distress against Ellie Saxon. A plaintiff in an intentional infliction of emotional distress case must prove that the conduct of the defendant was extreme and outrageous, that the defendant’s actions were intended to cause …show more content…
Saxon’s website contained content concerning her sexual exploits and reactions from Bert and other family members to her lifestyle. Pseudonyms are used to protect the identity of most of the family members but Bert and his minor son, Matthew, are mentioned by name.

After learning of Matthew being mentioned by name, Bert immediately sent Saxon an email requesting that references to Matthew be removed from the website. Saxon complied with his request and replaced Matthew’s name with a pseudonym. On July 13th Saxon posted additional information concerning Cooper on her website, recounting his request to remove his son’s name from her website and how it had irked her. Her entry included accusations of how Bert had slept with her when she was 16 years old, had an affair while married to her sister, and had made passes at a third sister. She also posted that he did not keep his half of the divorce agreement concerning back taxes, and that he was behind in child support. In addition she posted Cooper’s home address and phone number along with a link to his email

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