Torts
Slocum v. Food Fair Stores of Florida
Names of Parties: The Court: S.C. of Florida Date: 1958 Cause of Action: Facts: Defendant’s employee in answering the PL’s inquiry about the price of an item stated, “If you want to know the price, you’ll have to find out the best you can * * * you stink to me.” PL had a pre-existing heart disease condition. PL asserts that the language was malicious and caused her mental suffering and emotional distress which lead to a heart attack. Differing Allegations (if any): Prior Procedural History: Rule: A) The conduct must be intentional or reckless; b) The conduct must be extreme and outrageous; c) There must be a causal connection between the wrongful conduct and the emotional distress; d) the emotional distress must be severe. Issues: Whether a deliberate a verbally offensive statement, by an employee, supports a claim as intentional infliction of emotional distress or the statement merely an innocuous one? Courts Decision: Reasoning: There is a clear line of demarcation between “emotional distress,” and “severe emotional distress,” that excludes the case before the bar. The facts of the present case cannot be brought within their reasonable intendment. The strained reasoning by PL that this court should identify a new tort, as an independent intentional infliction of emotional distress, is refuted. Relief is allowed for offense reasonably suffered by a patron from an insult by a servant or employee of a carrier, hotel, theater, or telegraph office. The existence of a special relationship supports a right and correlative duty of courtesy beyond the legally required in general mercantile or personal relationships