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Keywords

contractdamagesliabilitymotion

contractsettlementdefendantdamagesmotion

Related Cases

State Rubbish Collectors Ass’n v. Siliznoff, 38 Cal.2d 330, 240 P.2d 282

Facts

Peter Kobzeff signed a contract with Acme Brewing Company to collect rubbish, intending for his son-in-law, John Siliznoff, to perform the work. Both Kobzeff and Abramoff were members of the State Rubbish Collectors Association, but Siliznoff was not. After a dispute over the Acme account, threats were made against Siliznoff by the association's inspector to compel him to pay for the account. Siliznoff eventually agreed to pay $1,850 and join the association, but he later cross-complained for cancellation of the notes and damages due to emotional distress from the threats.

On February 1, 1948, Peter Kobzeff signed a contract with the Acme Brewing Company to collect rubbish from the latter's brewery. Kobzeff had been in the rubbish business for several years and was able to secure the contract because Acme was dissatisfied with the service then being provided by another collector, one Abramoff.

Issue

Did the threats made by the State Rubbish Collectors Association's inspector constitute a valid cause of action for emotional distress, allowing Siliznoff to recover damages?

Rule

A cause of action is established when one, in absence of any privilege, intentionally subjects another to mental suffering incident to serious threats to his physical well-being, regardless of whether the threats constitute a technical assault.

A cause of action is established when it is shown that one, in absence of any privilege, intentionally subjects another to mental suffering incident to serious threats to his physical well-being, whether or not the threats made are under such circumstances as to constitute a technical assault.

Analysis

The court found that the threats made by the association's inspector were intended to coerce Siliznoff into paying for the Acme account, which caused him significant emotional distress. The court applied the rule that allows recovery for physical injury resulting from intentional infliction of emotional distress, concluding that the threats, although related to future actions, were sufficient to establish liability.

In cross-action against protective association of rubbish collectors for physical injuries allegedly resulting from emotional distress caused by association inspector's threats to force defendant to make a financial settlement with an association member from whom defendant had taken a collection account, admitting evidence of threats made by the inspector and the directors of the association against other non-members to compel them to relinquish accounts they had solicited from customers of members of the association was proper.

Conclusion

The court affirmed the judgment in favor of Siliznoff, holding that the damages awarded were not excessive and that the threats constituted a valid cause of action for emotional distress.

Judgment affirmed.

Who won?

John W. Siliznoff prevailed in the case because the court found that the threats made against him by the association were sufficient to establish a cause of action for emotional distress.

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