For Your Data Brower V. Ackerley Instance Brief
November 21, 2020
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Brower v. Ackerley
943 P.2d 1141 (Wash. Ct. App. 1997)
Tort Law
PROCEDURAL HISTORY: Plaintiff, the injured party, appealed the judgment of the Superior Court of King County (Washington), which entered a summary judgment dismissal of his civil claims of assault, negligence, too the tort of scandalise against accused telephone callers, who made anonymous threatening telephone calls to the injured party.
FACTS:
-Over a stream of twenty months, P received harassing telephone calls at his habitation from the telephone callers.
-P feared for his security too that of his family.
-He experienced feelings of panic, terror, too insecurity equally good equally sleeplessness too an inability to concentrate.
HOLDING:
-The threats were non accompanied past times circumstances that indicated that callers were inward a seat to achieve the P or inflict imminent physical violence.
-There was no proof of emotional distress.
RULES-To constitute civil assault, the threat must hold upwards of imminent harm.
-It is the immediate physical threat which is important, rather than the mode inward which it is conveyed.
-The Restatement has a like final result too states that the apprehension created must hold upwards ane of imminent contact, equally distinguished from whatever contact inward the future.
-The Restatement gives the example that H5N1 threatens to shoot B too leaves the room alongside the limited role of getting his revolver. H5N1 is non liable to B.
ANALYSIS
-The courtroom affirmed the dismissal of the injured party's claim of civil assault.
-The threats, soundless frightening, were non accompanied past times circumstances indicating that the callers were inward a seat to achieve the injured political party or to inflict imminent physical violence.
-The courtroom too affirmed the dismissal of the negligent infliction of emotional distress claim.
-The injured political party failed equally a thing of police to found physical symptoms evidencing too resulting from the emotional distress.
-However, the courtroom held that the injured political party was entitled to a jury lawsuit on his tort claim of outrage. -A jury could detect from the injured party's description of his shrewd too enduring anxiety that he experienced to a greater extent than emotional distress than a mortal should unremarkably hold upwards expected to position upwards alongside equally a role of the cost of living amid people.
CONCLUSION: The courtroom affirmed the dismissal of the injured party's claims for fix on too negligent infliction of emotional distress against the telephone callers. However, the courtroom reversed too remanded for lawsuit on the tort of outrage, rejecting the declaration that the injured party's alleged emotional distress was non severe.
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943 P.2d 1141 (Wash. Ct. App. 1997)
Tort Law
PROCEDURAL HISTORY: Plaintiff, the injured party, appealed the judgment of the Superior Court of King County (Washington), which entered a summary judgment dismissal of his civil claims of assault, negligence, too the tort of scandalise against accused telephone callers, who made anonymous threatening telephone calls to the injured party.
FACTS:
-Over a stream of twenty months, P received harassing telephone calls at his habitation from the telephone callers.
-P feared for his security too that of his family.
-He experienced feelings of panic, terror, too insecurity equally good equally sleeplessness too an inability to concentrate.
HOLDING:
-The threats were non accompanied past times circumstances that indicated that callers were inward a seat to achieve the P or inflict imminent physical violence.
-There was no proof of emotional distress.
RULES-To constitute civil assault, the threat must hold upwards of imminent harm.
-It is the immediate physical threat which is important, rather than the mode inward which it is conveyed.
-The Restatement has a like final result too states that the apprehension created must hold upwards ane of imminent contact, equally distinguished from whatever contact inward the future.
-The Restatement gives the example that H5N1 threatens to shoot B too leaves the room alongside the limited role of getting his revolver. H5N1 is non liable to B.
ANALYSIS
-The courtroom affirmed the dismissal of the injured party's claim of civil assault.
-The threats, soundless frightening, were non accompanied past times circumstances indicating that the callers were inward a seat to achieve the injured political party or to inflict imminent physical violence.
-The courtroom too affirmed the dismissal of the negligent infliction of emotional distress claim.
-The injured political party failed equally a thing of police to found physical symptoms evidencing too resulting from the emotional distress.
-However, the courtroom held that the injured political party was entitled to a jury lawsuit on his tort claim of outrage. -A jury could detect from the injured party's description of his shrewd too enduring anxiety that he experienced to a greater extent than emotional distress than a mortal should unremarkably hold upwards expected to position upwards alongside equally a role of the cost of living amid people.
CONCLUSION: The courtroom affirmed the dismissal of the injured party's claims for fix on too negligent infliction of emotional distress against the telephone callers. However, the courtroom reversed too remanded for lawsuit on the tort of outrage, rejecting the declaration that the injured party's alleged emotional distress was non severe.
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Interested inward learning how to expire the overstep grades inward your police schoolhouse classes? Want to acquire how to report smarter than your competition? Interested inward transferring to a high ranked school?