(EC & LQF)Can the plaintiff, Wideman, maintain a lawsuit for intentional infliction of emotional distress when the defendant, Lucas, knowing that the plaintiff had serious concerns for the safety of he and his family after representing the state in a serious criminal case, posted a photo of the plaintiff with his wife and children on twitter, and also made the location of the plaintiff’s home available to the public, causing the plaintiff to suffer from serious medical and emotional impairment? II. Short Answer (EC & LQF) Mr. Wideman, is likely to succeed in recovering damages for intentional infliction of emotional distress from Ms. Lucas. The court’s decision in Harris v. Jones, 281 Md. 560, 566, 380 A.2d 611, 614 (1977) provides the controlling law of the case and …show more content…
The second prong aims to prove that the conduct was extreme and outrageous, going beyond certain standards of decency. The third determines whether there is a causal connection between the reckless conduct and the emotional distress. Lastly, the fourth prong states that the injury must be severe. In Wideman’s case, the facts are sufficient to allow him to recover damages from Lucas for intentional infliction of emotional distress. First, the conduct of Lucas was reckless because Lucas was aware of the troubles and dangers Wideman was dealing with because of the case, and she still proceeded to post a tweet that could have compromised the safety of Wideman and his family because of the geotag and mention of the case that has resulted in death threats. Secondly, the conduct of Lucas was extreme and outrageous because Lucas knew that Wideman was susceptible to emotional distress as a result to photo being posted and abused a relationship between herself and Wideman when she turned a private conversation public. In addition, there is a causal connection between Wideman’s emotional distress and Lucas’ tweet, once
Willfully Harming and Causing Stress and Anxiety to Purposely Frustrate the Court and Ultimately Harm her Client that will likely have very long term
5. Damages - In this case damages unquestionably exist. Mr. M had significant injuries and has apparently suffered some permanent impacts on his capacity as a result of the episode so the damages element is satisfied.
Review the cases below by going to the “Detailed Contents” section of the Contemporary Criminal Law textbook. After reviewing the case, select the defense that was represented in the case from the following list:
On July 16th, Emerson Jones, an inmate at the Buckeye Juvenile Correctional Institute, engaged and incited in a prison riot between two gangs. During the full-scale riot, Jones fractured his wrist. Now, Plaintiff Emerson Jones is prosecuting the Buckeye Juvenile Correctional Institute, BJCI, for violating his eighth amendment right against cruel and unusual punishment. The two elements that will be called into question is whether or not Guard Mendez acted in sadism and maliciousness and whether or not Nurse Robin Rodgers acted recklessly while knowing the substantial risk of harm. However, the preponderance of the evidence and the law clearly proves that BJCI is not guilty of violating
Intentional infliction of emotional distress - the Court states that because Texas law places a duty on Briles and McCaw, the Plaintiff 's negligence claim will fill any gaps.
. The husband of the plaintiff file a petition to the court that his wife[plaintiff] is mentally ill and needs to have a court order directing the admission of her to the mental health hospital. The petition initiated by plaintiff’s husband is the order of the Wayne County probate court, and it is also appropriately certified by Doctors Wolodzko, who after appearing in her house and introducing himself as a doctor , and have a conversation with her in person that day and another day in telephone, determine that she is suffering from paranoid schizophrenia and Smyk. The court gave the order and the Plaintiff was taken by ambulance from her home to a private psychiatric
6. Holding: As stated in the case: “one who, without a privilege to do so, by extreme and outrageous conduct intentionally causes severe emotional distress to another, with bodily harm resulting from such distress, is subject to liability for such emotional distress and bodily harm even though he has committed no heretofore recognized common law tort.”
1. On or about April 5, 2013, Brad walked into Richard's office and there illegally and feloniously assaulted and battered Richard, thereby causing to Richard great pain and suffering.
2. The outcome of this issue is governed by Restatement (Second) of Torts § 46 (1965) Outrageous Conduct Causing Severe Emotional Distress. The elements of this cause of action are (1) the wrongdoer's conduct was intentional or reckless, that is, he intended his behavior when he knew or should have known that emotional distress would likely result; (2) the conduct was outrageous, that is, as to go beyond all bounds of decency, and to be regarded as odious and utterly intolerable in a civilized community; (3) the conduct caused the emotional distress; and (4) the emotional distress was severe.
5. The witness should describe the effects of the injury; this will include the effects on his
I needed desperately to hear his side of the story. I wanted to help Coleton but more importantly, I knew ethically, I needed to recuse myself from the case. That would not be an easy decision for me.
In this case, the accident is the proximate cause of Mrs. Smith’s injuries and the medical providers are the intervening cause, as their breach of duty exacerbated Mrs. Smith’s injury to the point of permanent disability and disfigurement.
The plaintiffs, A. V. Blount, Jr., Walter J. Hughes, Norman N. Jones, Girardeau Alexander, E. C. Noel, III, and F. E. Davis, are medical doctors (practitioners) licensed to practice and practicing medicine in the City of Greensboro, North Carolina.
PLEASE TAKE NOTICE, that the undersigned, Elise Smith, Esquire, did prepare Defendants, Lewis E. Olson and Albert Dobiash's Interrogatories to answer.