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Keywords

motionharassment

appealverdictmotion

Related Cases

Boyle v. Wenk, 378 Mass. 592, 392 N.E.2d 1053

Facts

Dolores Boyle brought an action against John H. Wenk, a private investigator, for intentional infliction of emotional distress. Wenk was hired to investigate Boyle's brother-in-law, John Walsh, and during this investigation, he made several intrusive phone calls to Boyle's home, including one at 1 A.M. after she had just been discharged from the hospital. Despite Boyle's requests for him to stop calling, Wenk persisted, leading to significant emotional and physical distress for Boyle, who ultimately required medical attention.

Wenk was employed by Consulting Investigators, Inc., to do private investigative work. Wenk was asked to investigate the health and capacity for work of one John Walsh.

Issue

The main issue was whether the evidence was sufficient to support a claim for intentional or reckless infliction of emotional distress against Wenk.

The sole issue raised by this appeal is the sufficiency of the evidence in an action for the intentional or reckless infliction of emotional distress.

Rule

The court applied the standard that conduct must be extreme and outrageous, exceeding all bounds of decency, to support a claim for intentional or reckless infliction of emotional distress.

Wenk asserts that as a matter of law these facts do not evidence the 'extreme and outrageous' conduct necessary to support a claim for intentional or reckless infliction of emotional distress.

Analysis

The court analyzed Wenk's conduct in the context of the totality of circumstances, noting that his repeated harassment of Boyle, especially after she had just returned from the hospital, could be viewed as extreme and outrageous. The court emphasized that the jury was entitled to draw reasonable inferences from the evidence, which indicated that Wenk's actions were not merely rude but could be seen as an intentional attempt to cause emotional harm.

However, in our view, Wenk did engage in a pattern of conduct which a jury could find was extreme and outrageous, exceeding mere insult or minor annoyance.

Conclusion

The court affirmed the judgment in favor of Dolores Boyle, concluding that the jury could reasonably find Wenk's conduct to be extreme and outrageous.

We find no error; therefore, we affirm the judgment.

Who won?

Dolores Boyle prevailed in the case because the court found sufficient evidence for the jury to determine that Wenk's conduct was extreme and outrageous, leading to her emotional and physical distress.

The jury returned verdicts for Boyle against both Wenk and Consulting Investigators, Inc., in the amount of $7500.

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