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Keywords

tortplaintiffdefendantdamagestrialmotionwill

tortplaintiffdefendanttrialmotionwill

Related Cases

Samms v. Eccles, 11 Utah 2d 289, 358 P.2d 344

Facts

Marcia G. Samms, a married woman, alleged that David Eccles persistently called her at various hours, including late at night, soliciting her to engage in illicit sexual relations. She claimed to have rebuffed his advances and felt deeply insulted and distressed by his conduct, which included an instance of indecent exposure. As a result, she sought damages for the severe emotional distress she suffered.

‘Plaintiff alleged that she is a respectable married woman; that she has never encouraged the defendant's attentions in any way but has repulsed them; that all during the time from May to December, 1957, the defendant repeatedly and persistently called her by phone at various hours including late at night, soliciting her to have illicit sexual relations with him; and that on one occasion came to her residence in connection with such a solicitation and made an indecent exposure of his person.’

Issue

Did the plaintiff's complaint state a valid cause of action for severe emotional distress despite the absence of another overt tort?

Rule

A cause of action for severe emotional distress can be established when the defendant's conduct is willful or malicious, and the actions are of such a nature that they offend against generally accepted standards of decency and morality.

‘* * * where the act is willful or malicious, as distinguished from being merely negligent, that recovery may be had for mental pain, though no physical injury results.’

Analysis

The court analyzed the plaintiff's allegations in light of the legal standards for emotional distress claims. It noted that while emotional distress claims are often viewed with skepticism, the nature of Eccles' conduct—persistent solicitation and indecent proposals—could be considered outrageous and intolerable. The court emphasized that the plaintiff's claims should be viewed favorably, allowing her the opportunity to present her case at trial.

‘Due to the highly subjective and volatile nature of emotional distress and the variability of its causations, the courts have historically been wary of dangers in opening the door to recovery therefor.’

Conclusion

The Supreme Court reversed the trial court's dismissal of the case, allowing the plaintiff to proceed with her claim for emotional distress.

‘Therefore, the trial court erred in dismissing the action.’

Who won?

Marcia G. Samms prevailed in the case because the Supreme Court found that her complaint adequately stated a cause of action for severe emotional distress based on the defendant's outrageous conduct.

‘The trial court erred in dismissing the action.’

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