...position. Allegations include: depriving George of air conditioning in the middle of July, alienating George from his coworkers through coercion by Jerry, and the recording and playing of George’s personal phone calls over the company loudspeaker. George decides to take measures to sue Jerry for intentional infliction of emotional distress for the above allegations. ISSUE Under North Carolina law, do the above allegations fulfill the basis for liability of intentional infliction of emotional distress? RULE Under North Carolina law as iterated in Stanback v. Stanback, 297 N.C. 181, 196 (N.C. 1979), Liability arises under this tort when a defendant’s conduct exceeds all bounds usually tolerated by decent society and the conduct causes mental distress of a very serious kind.” Courts also outline the elements needed for a successful tort in the area of intentional infliction of emotional distress in the case of Holloway v. Wachovia Bank & Trust Co., N.A., 339 N.C. 338 (N.C. 1994), “The essential elements of a claim for intentional infliction of emotional distress are 1) extreme and outrageous conduct by the defendant 2) which is intended to and does in fact cause 3) severe emotional distress.” Dickens v. Puryear, 302 N.C. 437 (N.C. 1981) goes on to define extreme and outrageous conduct as “so outrageous conduct, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.” Thomas v....
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...TO: Deborah S. Gordon FROM: 11773476 DATE: September 19, 2008 RE: Elizabeth Smallwood; whether Smallwood states a claim sufficiently outrageous to support the intentional infliction of emotional distress Question Presented Under Florida law, does Smallwood state a cause of action sufficiently satisfying the outrageousness element of the intentional infliction of emotional distress if her neighbor Melnyk was merely acting within his legally permissible rights? Brief Answer Probably not. Smallwood’s complaint probably falls within the scope of mere indignities or unpleasantness, which is insufficient to constitute outrageousness. In addition, aggregate factors used by the courts (known susceptibility or exercising unequal power) if applied to Smallwood’s claim are unlikely to reach the level of severity found in the previous cases. Furthermore, Melnyk may escape liability even if the court finds outrageous conduct because he was acting within his legally permissible rights. Facts Our client is Elizabeth Smallwood (“Smallwood”), who has a dispute with her neighbor, Mike Melnyk (“Melnyk”). Melnyk and his wife moved in next to Smallwood on March 15, 2007. The dispute has been ongoing, but the major event that brought upon Smallwood’s complaint occurred on June 1, 2007. That night, Smallwood went for a swim in her cove when Melnyk’s security lights were off. When Smallwood entered the water, Melnyk’s lights went on. Melnyk headed toward his own beach...
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...and grabbed the woman by her wrist. It was then that Mr. McPhillen twisted the man’s other arm behind his back carefully and restrained him with a neck hold. John ordered the man to release him, but Mr. McPhillen refused his request to release him. Mr. McPhillen then seated John firmly in a chair and ordered him to remain seated or he would punch him. It was after this that the woman informed Mr. McPhillen that John was her husband. ISSUE: (1) Which intentional torts were committed and (2) what are the defenses available to the tortfeasors? Short answer: John and Leroy are both guilty of committing intentional torts. However, both parties have arguable defenses. More information is needed in regards to the events that took place prior to the man assaulting the woman and the amount of time that John was confined by Mr. McPhliien. Prior to determining the appropriate statues and the defenses each party may present, each intentional tort committed must first be explained. Intentional Torts: The first intentional tort was committed by John when he began shouting at the woman, approaching her in an aggressive manner, and by grabbing her wrist. Regardless of his relationship to the woman, John committed Assault and Battery by grabbing the woman’s wrist. The three basic elements of this tort include...
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...Issue 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...
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...injured party a duty to do something or not to do something; two is that tortfeasor breached the duty, based on the applicable standard of care that he/she is owed; three is that tortfeasor action or inaction is the proximate cause of the injured party's injury; four is the injured party has in fact suffered some type of injury (physical, mental, monetary). In the scenario case of the Rob Jr. v Church of the Divine Light, there are many causes where the family can be compensated for damages of intentional. Some of the causes that Rob Jr. can take against the Church of the Divine Light are mental stress because Rob Jr. was brained washed by the Church of the Divine Light and took several weeks for him to recover his sanity, false imprisonment because the Church of the Divine Light tricked Rob Jr. believing he would go to hell if he left the church, and that that was his new family and that his family did not care for him any longer, intentional infliction of mental distress, and emotional stress because of the recovery of being brainwashed, and to understand that his true family did love him. The causes the parents of Rob Jr. can take against the Church of the Divine Light are financial stress only several reasons because they were giving money to their son Rob Jr. to support him at the church even though they probably knew that it was not going towards their sons needs and they did not know if they did not pay if their son would be harmed or not and also because it...
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...Business Torts Issue Spotter Essay Emmy V. MedK Corp. MedK Corp. faces potential liability for the tort of Contractual Interference/Tortious Interference with Contractual Relations. Contractual Interference occurs when parties are not allowed the freedom to contract without interference from third party. Tortious Interference is that someone intentionally persuades another to break a contract already in existence. Here, MedK Corp. may be liable for Contractual Interference/Tortious Interference with Contractual Relations if sued by Emmy. Med K signed a contract under which Emmy’s company was to provide exclusive device delivery and in-home instruction through doctors to MedK Clients. The only two people who knew about the contract with MedK was Emmy and Rita. After Emmy starts seeing decrease in sales from MedK, Darrell, the CEO, admitted to Emmy, that Rita had been soliciting MedK and had been encouraging Darrell to slowly phase out the volume of referrals to Emmy’s company and transfer them to Rita’s new company. Darrell said that he would pay Emmy what she was owned, but would not honor the contract in full. Therefore, MedK is likely liable for Contractual Interference/Tortious Interference with Contractual Relations. Emmy V. Rita Rita faces potential liability for the tort of Contractual Interference/Tortious Interference with Contractual Relations. Contractual Interference occurs when parties are not allowed the freedom to contract without interference from...
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...Memorandum To: Partner From: Associate Re: Gorski v. Clifton, Potential Intentional Infliction of Emotional Damages Claim Questions Presented I. Do comedian Tony Clifton’s abusive verbal remarks and conduct toward Bob Gorski constitute extreme and outrageous conduct that goes beyond the tolerable bounds of society, where Clifton ridiculed Gorski’s looks, weight, ethnicity and intelligence, threw him off of the stage, and poured a glass of water on his head? II. Even if such conduct can be considered extreme and outrageous, was it legally permissible given that they occurred during Clifton’s comedy routine, and Gorski volunteered to go up on stage even though he knew that Clifton’s act was of a course and demeaning nature, but where Clifton arguably went beyond what Gorski could have anticipated by volunteering? Brief Answers I. No. Clifton’s actions against Gorski were insulting and damaging. However, the conduct is not of a degree that the courts would seem to recognize as extreme and outrageous, particularly because Gorski voluntarily submitted to Clifton’s authority and cannot claim to be especially susceptible to emotional distress. II. Yes. Even if Clifton’s conduct is extreme and outrageous, the circumstances surrounding the act make it legally permissible. Statement of Facts Our client, Bob Gorski, seeks to recover damages for intentional infliction of emotional distress (IIED) allegedly caused by the conduct of comedian Tony Clifton. On...
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...To: Teacher From: , Student Assignment 4 ------------------------------------------------- Date: February 5, 2014 SUPERIOR COURT OF FREEDONIA, COUNTY OF FREEDONIA __________________ Deidre Jones, Plaintiff, vs. Jack Daniels, Defendant(s). | )))))))))) | Case No.: 123456PLAINTIFF’S COMPLAINT | Plaintiff, Deidre Jones complaining of the Defendant, alleges that: JURISDICTION AND PARTIES 1. The court has jurisdiction of this matter based on Rule 1.1 of the Fredonia State rules of litigation and venue is proper for the County of Freedonia. 2. Plaintiff, Deidre Jones is and here in all times mentioned a resident of Freedonia. 3. Defendant, Jack Daniels is and here in all times mentioned a resident of Fredonia. 4. This complaint arises from an incident which occurred on January 3, 2014 in Freedonia. GENERAL ALLEGATIONS 5. On or about January 3, 2014 Plaintiff was standing alone when Defendant approached the plaintiff and forcibly yanked the plaintiff’s purse strap off the plaintiff’s shoulder. 6. The Defendant took off in a run with the purse in hand. 7. The plaintiff begins running after the defendant when the defendant picks up a rock and in plain sight throws it at the Plaintiff. The plaintiff ducks as the rock nears and successfully avoids being hit...
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...TITLE Roy Bickford v. Onslow Memorial Hospital Foundation, INC., (Me. SJC.Saufley.2004) FACTS Bickford and his ex-wife agreed in their separation agreement that each would be responsible for their respective debts as of August 18, 1998. Around September 1998 Bickford’s former stepdaughter received medical treatment from the Onslow Memorial Hospital (in NC), Bickford was billed and when he refused to pay for such treatment was held responsible for it. When Bickford was denied a mortgage due to a negative balance resulting from the medical treatment he contacted the hospital and tried to straighten up his record, but the hospital refused to do so. Bickford sued the Hospital for interference with an economic advantage and intentional infliction of emotional distress. However the hospital wants to dismiss complain because they claim that Maine has no personal jurisdiction over the hospital. Bickford opposed to this motion. After the high court confirmed two of the three traditional factors, they established that Maine protects its residents from harmful negative credit reports inside or outside Maine’s boundaries. ISSUE Should the hospital’s dismissal be allowed or denied? RULE: In order for Maine to have jurisdiction over a nonresident defendant certain conditions must be satisfied. 1) Maine has to have a legitimate interest in the subject matter of this litigation. 2) The defendant could have anticipated litigation in Maine. 3) The exercise of jurisdiction by Maine’s courts...
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...Industrial/Organizational Psychology Paper PSY/435 December 12, 2011 Neva Wilson Industrial/Organizational Psychology Paper Evolution of Industrial/Organizational Psychology The history of industrial/organization psychology originated in the twentieth century. Experimental psychologists were the first to engage in I/O work. Their main purpose was applying the new principles of psychology to problems in organizations. Two of these experimental psychologists were Hugo Munsterberg and Walter Dill Scott. These two psychologists would be credited as being the main founds of I/O Psychology. Both of these experimental psychologists were university professors who became involved in applying psychology to problems of organizations. An engineer by the name of Frederick Winslow Taylor would have a major influence on the I/O field. Taylor studied employee productivity and developed an approach which he would later call "Scientific Management." Taylor used scientific management to handle production workers in factories. This approach included four principles which would guide organizational practices. Today, his same ideas are still used. Furthermore, two more individuals had an influence on the engineering side combined with psychology. A married couple, Frank and Lillian Gilbreth, studied how individuals perform tasks by combining engineering and psychology. The Gilbreths devised the time and motion study. This incorporated measuring and timing people’s motions in doing tasks...
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...Assignment: For this assignment – you will need to access the LexisNexis database in the Keller Library, from the student resources tab under Course Home. Go to Jennings Chapter 9, page 315, problem 5. Use LexisNexis in the Keller library and look up the Esposito-Hilder vs. SFX case. Use the citation you find in your book to do the search. Read the case and answer these questions. Copy and paste this information into a Word document, include your name on that document, and answer the questions. 1. What is the most “jealously” protected kind of speech, according to the court in this case? (3 points) 2. What court decided the case in the assignment? (2 points) 3. Briefly – state the facts of this case, using the information found in the case in LexisNexis. (5 points) 4. According to the case, why was this not defamation, and what tort did the court approve a filing for? (5 points) 5. In the decision, why does the court state further proceedings will be required? (5 points) 6. Do you agree with this decision? Why or why not? (5 points) Now, in the library, click the “Shepardize” button in the top right of the LexisNexis page while on the case. This provides you with all of the cases which have used the Esposito case as “precedent” since its publication. Out of the 30 cases listed pick one, click the link, read the case, and provide the following information: A. the name and citation of the case (5 points) B. the name of the court which decided...
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...In this scenario several instances occurred to where one could file a suit. Intentional tort, Lee who is a customer of Buy-Mart begins shooting innocent shoppers with a rifle he is planning to purchase. One of Lee’s victims is a lady walking along with her husband in the next aisle over. As she falls to the ground her husband has a heart attack. A boy is also injured by a metal beam from the bullet ricochets but was unintentional; this is considered as an unintentional tort. Then the tort of outrage is also noticed in this scenario because once Buy-Mart’s security guard begins kicking Lee’s ribs while he was unconscious. The plaintiffs in this scenario are the lady who was shot by Lee and her husband who had the heart attach, but if her husband died his wife could bring a wrongful death suit to recover the damages suffered from both Lee and Buy-Mart. For the reason that, her husband gets a heart attack from witnessing his wife being shot from Lee while he was purchasing the rifle. The lady could also file a suit for Negligent Infliction of Emotional Distress because she saw her husband die which causes her distress as well as battery from being hit by Lee’s bullet. The parents of the boy who got injured could also file a suit for negligence on Buy-Mart because one of the store’s employees working on behalf of Buy-Mart acted negligently for setting a box of bullets on top of the counter during Lee’s transaction. Lee could also file an assault and battery suit towards Buy-Mart because...
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...TO: Supervising Attorney FROM: RE: Intentional Infliction of Emotional Distress—Legal memo DATE: 12/15/15 FACTS On October 2, Jack Dee walked into a Kindergarten classroom at Hickory Elementary School dressed as a monster. His intent was to scare the children of the classroom. He ran into the classroom yelling, “You rotten kids have all been behaving very badly, and now I’m going to eat all of you!” Our client Rosa Lemon has sued. Rosa’s daughter, Sara, has had emotional outbursts caused by fear, loss of sleep and appetite. RULE Intentional infliction of emotional distress requires (1) defendant must act intentionally or reckless; (2) defendant conduct must be extreme; (3) conduct must be the cause of severe emotional distress. Facts must be met in order for intentional infliction to exist. ISSUE Did Jack Dee intend to cause emotional distress to the children of Hickory Elementary School? ANALYISIS If Jack Dee intended to cause severe emotional distress, this is a statement of fact, not opinion. Crucial elements of the tort of emotional distress exist, and Rosa Lemon may win in court. Jack Dee did of the following: 1. Jack Dee dressed as a monster and walked into a kindergarten classroom at Hickory Elementary School. 2. Sara Lemon has suffered loss of sleep and appetite, and numerous emotional outbursts at school, in fear the monster will return. Jack Dee will argue that he did not believe him walking into a kindergarten classroom, dressed as a monster...
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...California resident, filed a lawsuit in California state court against the National Enquirer and its president, who was a resident of Florida. The California lawsuit sought damages for alleged defamation, invasion of privacy, and intentional infliction of emotional distress. Calder v. Jones, 465 U.S. 783, 104 S.Ct. 1482, 79 L.Ed.2d 804, Web 1984 U.S. Lexis 4 (Supreme Court of the United States) 1. What kind of paper is the National Enquirer? The National Enquirer is a “supermarket tabloid” (Wikipedia) founded in 1926. All like things in life, National Enquirer has changed and/or improved throughout the years. National Enquirer pays people for their stories or information about a about lawsuits that are published weekly. 2. Was it ethical for the National Enquirer to try to avoid suit in California? I do believe it was ethical for the National Enquirer to try to avoid suit in California because of the effect test and Marshall knew her “statements were damaging and designed to harm ICM’s business interests and reputation.” 3. Are the defendants subject to suit in California? Why or why not? “Any exercise of personal jurisdiction over Marshall cannot be a surprise to Marshall or be unfair to her considering the intentional nature and the specific focus of Marshall alleged misconduct.” Because the actions occurred in California this did not affect where the acts were committed. A fair reading ruling was that...
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...Case Study Complaints Theresa Seaman LTC/328 June 23, 2014 Marc Schnitzer Case Study Complaints Case Study 1 The police department of Mason, IL consists of 90 full-time officers varying in ages, from 21 to 59. The tenure of the officers also varies with some being newly hired and others with 10 or more years of service to the force. The city just instituted a pay-for-performance plan that states that police officers who have better performance will receive increased compensation after biyearly performance appraisals. A police officer’s job requires strong physical ability in most situations and the performance appraisal includes assessment of physical ability to perform the job. Within this case, as it concerns discrimination about the city’s denial of benefits or compensation about the police officer who were stronger than most. Since the police officer’s physical fitness would encompass the level of skills, competence, expertise within these certain areas of combat, so with them being on the street capabilities, they should all be graded the same lines of the job appraisal. Just because one officer is better on the street is better than another should not entitle him/her as a better working condition or have more pay and compensation than another officer who may have a better shot at and close shooting range. There are a few officer who are great at handling an individual person with whom they come in contact with. You also have police officer who are better in...
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