INTENTIONAL INFLECTION OF EMOTIONAL DISTRESS

Question 1

ZALNIS V. THOROUGHBRED DATSUN CAR CO. (BAD CAR SALESMAN CASE)

Answer 1

Defendant followed plaintiff around store hurling insults, calling names, threatening messages, and he knew she was susceptible to emotional distress – Defendant knew plaintiff was susceptible to ED, and he intended to place more ED on her, so he is liable for IIED

Question 2

STRAUSS V. CILEK (AFFAIR CASE)

Answer 2

Defendant had an affair with plaintiff’s wife – conduct by defendant was not outrageous, affair was voluntary by both plaintiff and wife, so no IIED

Question 3

ROGERS V. LOUISVILLE LAND CO. (CEMETERY CASE)

Answer 3

Plaintiff buried her son in defendant’s cemetery and claimed IIED because cemetery was no kept up – not enough testimony of severe emotional distress to be able to succeed in IIED claim

Question 4

DANA V. OAK PARK MARINA INC. (NUDE VIDEO CASE)

Answer 4

Defendant placed video cameras in bathroom which showed people nude, then shared/showed these videos to people – Defendant acted recklessly and disregarded the substantial probability of plaintiffs suffering severe emotional distress, so defendants are liable

Question 5

GREEN V. CHICAGO (HOSPITAL PICTURES CASE)

Answer 5

Defendant took photos of plaintiff’s son in the hospital and after he was deceased, then published these photos in media source – Defendants are not liable because the article did not mention the plaintiff, and the plaintiff was not present when the photos were taken