Torts
State Rubbish Collectors Ass’n v. Siliznoff
Names of Parties: The Court: Date: Cause of Action: Facts: Plaintiff’s sought relief for a supposed debt def. owed as a result of garbage pick up. Defendant claimed the written agreement was the result of coercion and duress. Def. filed a counterclaim for intentional infliction of mental distress “assault.” Def. claimed and proved that members of the association, including the board, made threats to his person, personal property, and livelihood if he did not sign the agreement to pay. As a direct result def became physically sick, and could not work. Differing Allegations (if any): Prior Procedural History: Rules: If a person intentional causes mental distress, or should have reasonably foreseen such distress, as to cause illness or bodily harm the (D) would be liable One who, intentionally causes severe emotional distress to another is liable (a) for such emotional distress, and (b) for bodily harm resulting from it. Issues: Whether evidence is sufficient for a finding that when a person intentionally subjects another to mental suffering incident to threatened physical abuse, absent assault, he is liable for mental distress? Courts Decision: Affirmed decision of lower court. Reasoning: Liability for a technical assault that would not occur until sometime in the future cannot attach. False imprisonment did not occur because the purpose was to resolve a dispute and the appreciable amount of time was arguable. A party who intentionally subjected another to mental distress without intending to cause bodily harm would nevertheless a be liable for resulting bodily harm if he should have foreseen that the mental distress might cause harm. Defendant suffered extreme fright. By intentionally producing the fright, the plaintiff endeavored to compel him either to give up to the account or pay for it, with no right or privilege to do so.