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Keywords

tortplaintiffdefendantdamagesappealmotionpunitive damages

tortplaintiffdefendant

Related Cases

Tate v. Canonica, 180 Cal.App.2d 898, 5 Cal.Rptr. 28

Facts

The plaintiffs, widow and children of Justin S. Tate, alleged that the defendants intentionally made threats and accusations against Tate, intending to harass and humiliate him, which led to his mental disturbance and subsequent suicide. The complaint included two counts: one for intentional infliction of emotional distress and another for negligent infliction. The plaintiffs sought damages for the loss of society and support from Tate, totaling $496,000 in compensatory and $25,000 in punitive damages.

Plaintiffs are respectively the widow and children of Justin S. Tate, deceased. The first count alleges that defendants ‘intentionally made threats, statements and accusations against said deceased for the purpose of harassing, embarrassing, and humiliating him in the presence of friends, relatives and business associates'; that due thereto deceased became ‘physically and mentally disturbed’ and as a direct result committed suicide.

Issue

Can a cause of action be predicated upon either the intentional or the negligent infliction of mental distress, which culminates in the suicide of the victim?

Rule

Where a defendant intends by his conduct to cause serious mental distress and does so, and such distress is a substantial factor in bringing about the suicide, a cause of action for wrongful death results.

where defendant intends by his conduct to cause serious mental distress and does so and such distress is a substantial factor in bringing about the suicide, a cause of action for wrongful death results.

Analysis

The court analyzed the allegations in the complaint, noting that the plaintiffs claimed the defendants' actions were intended to cause emotional distress, which ultimately led to Tate's suicide. The court distinguished between intentional and negligent torts, emphasizing that fewer defenses apply to intentional torts. It concluded that if the defendants' conduct was intended to inflict serious mental distress and that distress was a substantial factor in the suicide, the plaintiffs could establish a cause of action for wrongful death.

The law has for a long time recognized a distinction between intentional and negligent torts, and has generally recognized fewer defenses, and been more inclined to find that defendant's conduct was the legal cause of the harm complained of, where the tort is intentional.

Conclusion

The court reversed the judgment and remanded the case, allowing the plaintiffs the opportunity to amend their complaint to properly state a cause of action.

Reversed and cause remanded.

Who won?

The plaintiffs prevailed in the appeal because the court found that their complaint stated a nucleus of a cause of action and warranted an opportunity to amend.

the plaintiffs should be given an opportunity to amend.

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