For Your Data Taylor V. Metzger Illustration Brief
September 16, 2019
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Taylor v. Metzger representative brief summary
706 A.2d 685 (1998)
CASE FACTS
Plaintiff sheriff's officeholder sued accused sheriff to recover damages resulting from defendant's violation of the Law Against Discrimination (LAD), N.J. Stat. Ann. §§ 10:5-1 to -42, intentional infliction of emotional distress, too prima facie tort.
PROCEDURAL HISTORY
The case courtroom granted defendant's motion for summary judgment, too the intermediate appellate courtroom affirmed that decision. Plaintiff petitioned the courtroom for review.
DISCUSSION
CONCLUSION
The courtroom reversed inward part, affirmed inward part, too remanded the representative for trial. Plaintiff sheriff's officeholder presented sufficient prove to hold out accused sheriff's motion for summary judgment on her claims of racial discrimination based on workplace harassment too intentional infliction of emotional distress. Under the facts, the court, however, refused to recognize plaintiff's prima facie tort claim, which the case courtroom properly dismissed.
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706 A.2d 685 (1998)
CASE SYNOPSIS
Plaintiff sheriff's officeholder sought review of the judgment of the Superior Court, Appellate Division (New Jersey), which affirmed the lower court's companionship granting summary judgment inward favor of accused sheriff inward plaintiff's activity against accused to recover damages resulting from defendant's violation of the Law Against Discrimination, N.J. Stat. Ann. §§ 10:5-1 to -42, intentional infliction of emotional distress, too prima facie tort.CASE FACTS
Plaintiff sheriff's officeholder sued accused sheriff to recover damages resulting from defendant's violation of the Law Against Discrimination (LAD), N.J. Stat. Ann. §§ 10:5-1 to -42, intentional infliction of emotional distress, too prima facie tort.
PROCEDURAL HISTORY
The case courtroom granted defendant's motion for summary judgment, too the intermediate appellate courtroom affirmed that decision. Plaintiff petitioned the courtroom for review.
DISCUSSION
- On review, the courtroom reversed inward part, affirmed inward part, too remanded the representative for farther proceedings.
- Regarding her racial discrimination claim based on workplace harassment, plaintiff presented sufficient prove from which a rational factfinder could bring flora that accused engaged inward discriminatory harassment past times uttering a racial epithet that was sufficiently severe to bring created a hostile travel environment.
- Defendant was non entitled to summary judgment on plaintiff's emotional distress claim due to the factual dispute regarding whether defendant's remark would bring caused the average African-American to endure sever emotional distress.
- Under the facts, the courtroom refused to recognize plaintiff's prima facie tort claim, which the case courtroom properly dismissed.
CONCLUSION
The courtroom reversed inward part, affirmed inward part, too remanded the representative for trial. Plaintiff sheriff's officeholder presented sufficient prove to hold out accused sheriff's motion for summary judgment on her claims of racial discrimination based on workplace harassment too intentional infliction of emotional distress. Under the facts, the court, however, refused to recognize plaintiff's prima facie tort claim, which the case courtroom properly dismissed.
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