Torts
Taylor v. Vallelunga
Names of Parties: (P) Gail Taylor; (D) Vellenlunga The Court: District Court of Appeals CA Date: 1959 Cause of Action: First Count: Battery; Second Count Severe emotional distress Facts: The (D) beat up the (P) father while in her presence. She claims to have suffered severe mental anguish over seeing her father beaten. Differing Allegations (if any): Prior Procedural History: A demurrer was issued an upheld by the appellate court Rules: One who without privilege to do so intentionally causes severe emotional distress to another is liable for such emotional distress and for bodily harm resulting from it. Rule for Intention: An intention to cause severe emotional distress exists when the act is done for the purpose of causing the distress or with knowledge on the part of the actor that severe emotional distress is substantially certain to be produced by his conduct. Issues: Can the (D) be held liable if he did not have intentions of causing the distress? If the (D) did not know that the (P) was there can he be held liable? Courts Decision: Affirmed lower courts decision Reasoning: The (D) did not have knowledge of the (P) and therefore could not have intended to inflict harm one her. A person cannot intentionally inflict harm on something that he does not know exists. Furthermore he was beating a person up with the intention of beating a person up, not causing mental anguish to another.