Wednesday, January 30, 2013

Strauss v. Cilek case brief

Strauss v. Cilek case summary
418 N.W.2d 378 (Iowa Ct. App. 1987)
Tort Law

PROCEDURAL HISTORY: Defendant friend challenged the judgment of the Iowa District Court, which denied the friend's motion for summary judgment on plaintiff husband's claim of intentional infliction of emotional distress arising from the friend's romantic and sexual relationship with the husband's wife.

FACTS:
-The friend's affair with the husband's wife lasted one year.
-The husband did not learn about the affair until after it was over.
-The husband and his wife were in the process of obtaining a divorce at the time he initiated the present action for actual and punitive damages.

ISSUE
The sole issue in the interlocutory appeal was whether the trial court erred in denying the friend's motion for summary judgment on the husband's claim of intentional infliction of emotional distress arising from the friend's romantic and sexual relationship with the husband's wife.

HOLDING
The court reversed the judgment of the trial court, holding that the evidence in the summary judgment record was insufficient to demonstrate a genuine issue of fact existed on the outrageous conduct element of the husband's claim. The court remanded the case for entry of an order granting the friend's motion for summary judgment.

RULESThe elements of the tort of intentional infliction of emotional distress are as follows: (1) Outrageous conduct by the defendant; (2) The defendant's intention of causing, or reckless disregard of the probability of causing emotional distress; (3) The plaintiff's suffering severe or extreme emotional distress; and (4) Actual and proximate causation of the emotional distress by the defendant's outrageous conduct.

CONCLUSION: The court reversed the judgment of the trial court granting the friend's motion for summary judgment on the husband's claim of intentional infliction of emotional distress arising from the friend's romantic and sexual relationship with the husband's wife.

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