CaseCast™ – "What you need to know". 2d 282, through Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal. Citation:240 P. 2d 282 (Cal. Siliznoff (Plaintiff and then Defendant in appealed case) sought damages for intentional infliction of emotional distress by State Rubbish Collectors Association.
In the George case, we discussed in depth the policy considerations underlying the recognition of a cause of action for intentional infliction of severe emotional distress with resulting physical injury, and we concluded that the difficulties presented in allowing such an action were out-weighed by the unfair and illogical consequences of the denial of recognition of such an independent tort. Defendant testified that shortly after he secured the Acme account, the president of the association and its inspector, John Andikian, called on him and Kobzeff. The jury returned a verdict against plaintiff and for defendant on the complaint and for defendant on his cross-complaint. STATE RUBBISH COLLECTORS ASSOCIATION (a Corporation), Appellant, v. JOHN W. SILIZNOFF, Respondent. See, Deevy v. Tassi, supra; Restatement, Torts, § 905, comment c. In cases where mental suffering constitutes a major element of damages it is anomalous to deny recovery because the defendant's intentional misconduct fell short of producing some physical injury. That would be inadvisable in view of our holding that upon the same evidence Siliznoff would not be entitled to recover damages.
The president 'made me promise on my honor and everything else, and I was scared, and I knew I had to come back, so I believed he knew I was scared and that I would come back. Plaintiff then sued for not paying to collect trash on their territory. On February 1, 1948, Peter Kobzeff signed a contract with the Acme Brewing Company to collect rubbish from the latter's brewery. It contends that because it was not allowed to prove the value of rubbish accounts it could not prove that there was consideration for the notes signed by defendant. Under the circumstances of this case, the jury could reasonably conclude the Meihaus brothers' words and actions [208...... Thing v. La Chusa.. defendant's intentional misconduct fell short of producing some physical injury. " See George v. 244, 251 (1971). Torts Keyed to Duncan. State Rubbish Collectors Ass'n v. Siliznoff, 38 Cal. Page 143. and the Restatement in this regard, [Note 3] lead us to conclude that such extension is both warranted and desirable. 2d 341] it appears that the jury was influenced by passion or prejudice. 'Damages may be given for mental suffering naturally ensuing from the acts complained. ' Gibson, C. J., Shenk, J., Edmonds, J., Carter, J., Schauer, J., and Spence, J., concurred. In light of what we have said, we hold that one who, by extreme and outrageous conduct and without privilege, causes severe emotional distress to another is subject to liability for such emotional distress even though no bodily harm may result. The instruction does not, however, so inform the jury, and had plaintiff desired more specific instructions on the law of the case, it should have requested them.
If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at Thank you. And I says, 'Well, what would they do to me? ' Debra Agis was employed by the Howard Johnson Company as a waitress in a restaurant known as the Ground Round. Newman v. Smith, 77 Cal.
In so doing, we examined the persuasive authority then recognizing such a cause of action, and we placed considerable reliance on the Restatement (Second) of Torts Section 46 (1965). No objections or assignments of misconduct were made at the trial, and the court was not asked to instruct the jury to disregard the challenged remarks. Defendant filed a counterclaim for assault by the members who threatened him. After they were signed Andikian invited him to have a cup of coffee and he accepted. Defendant became ill and vomited several times and had to remain away form work for a period of several days.
Counts 3 and 4 were brought by her husband, James Agis, against both defendants for loss of the services, love, affection and companionship of his wife. The Association intentionally subjected Silizinoff to mental distress and knew Silizinoff might suffer bodily harm as a result of its actions. Plaintiff, as its name implies, is a mutual protective association of rubbish collectors, operating in Los Angeles and vicinity. This evidence was admitted to show the methods adopted by the association to protect its members from competition by non-members. O) ne of them mentioned that I had better pay up, or else. ' Similarly, the fact that there is no physical injury should not bar the plaintiff's claim. His actions in resisting the demands made upon him for a period of two months indicated the contrary.
Proc., § 1280 et seq. Diaz v. Eli Lilly & Co., 364 Mass. The court denied the motion with defendant's agreement to a reduction in damages. 7] He had a right to compete for this business in the open market and was under no obligation to pay Abramoff for it. Rule of Law: Identifies the Legal Principle the Court used in deciding the case. Issue: Did the association's actions constitute assault?
Rrect instruction on the subject. The judgment is affirmed. Arguments for Both Parties. The Brief Prologue provides necessary case brief introductory information and includes: - Topic: Identifies the topic of law and where this case fits within your course outline. There must be a relationship between the wrong and the injury which is susceptible of proof. These incidents had occurred shortly prior to the trial and some two years after the Siliznoff transaction. By intentionally producing such fright it endeavored to compel him either to give up the Acme account or pay for it, and it had no right or privilege to adopt such coercive methods in competing for business.
Plaintiff's agent allegedly demanded that Defendant surrender the money derived from the collection or suffer physical consequences, in response to which Defendant attended Plaintiff's meeting and signed notes promising to pay. In his answer the defendant admitted execution of the notes and pleaded want of consideration.
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