Slocum Case Brief PDF

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2020 Torts Law I Case Brief - Slocum...

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Slocum v. Food Fair Stores of Florida Supreme Court of Florida, 1958 100 So.2d 396

FACTS Parties: Plaintiff: Slocum, Appellant Defendant: Food Fair Stores of Florida, Appellee Procedural History: o o

Plaintiff appealed a judgement from trial courts dismissing her case Failure to state a cause of action

Relevant Facts: o o o

Plaintiff was shopping at a foods store asked an employee the price of an item The employee responded with insulting language and attitude The demeanor of the employee caused the plaintiff to cause mental suffering, or emotional distress, and a heart attack and aggravation of a pre-existing heart disease

Basis for Dispute: ISSUE: Whether using insulting language towards another person can constitute a claim for mental suffering or emotional distress? Whether the heart attack was brought on by the actual verbiage of the defendant? PARTIES’ ARGUEMENTS: Plaintiff: o

States the language used against her was malicious and reckless, with intent to inflict mental and emotional disturbance

Defendant: o

motioned for dismiss because there was no cause of action in regards to recognizing an independent tort action for intentional infliction of emotional distress

HOLDING: the judgment of the lower court was affirmed and the case was dismissed DISPOSITION OF THE COURT: o o o

they did not recognize that this was an actual tort and dismissed insulting language does not invade another legal rights the conduct of the employee did not constitute severe

RULE OF LAW: o

o

Restatement of Law of Torts §46 o “when the act is done for the purpose of causing the distress or with knowledge that severe emotional distress is substantially certain to be produced by such conduct” Insulting verbiage does not constitute inflicting emotional distress...