Wednesday, January 1, 2014

State Rubbish Collectors Association v. Siliznoff case brief

State Rubbish Collectors Association v. Siliznoff case brief summary
240 P.2d 282 (1952)

CASE SYNOPSIS
Plaintiff garbage collector association appealed from a judgment of the Superior Court of Los Angeles County (California) in favor of defendant garbage collector in plaintiff's action on promissory notes executed under duress and for lack of consideration and for defendant on his claim for assaults committed by association members.

CASE FACTS
Defendant obtained a contract for garbage collection from a customer who previously had contracted with a member of plaintiff garbage collector association. Association members threatened defendant and forced him to join the association and sign promissory notes to compensate the member who lost the account. Defendant failed to pay, and plaintiff sued on the promissory notes. Defendant filed a counterclaim for assault by the members who threatened him.

PROCEDURAL HISTORY
A jury verdict was returned in defendant's favor on both claims, and plaintiff moved for a new trial. The court denied the motion with defendant's agreement to a reduction in damages. Plaintiff appealed.

DISCUSSION

  • The court affirmed the judgment, ruling that defendant had established a cause of action for intentional infliction of emotional distress by showing that plaintiff intentionally subjected him to mental suffering incident to serious threats to his physical well-being, even though the threats may not have constituted a technical assault.
CONCLUSION
A jury verdict for defendant on plaintiff's action on promissory notes and on defendant's counterclaim for assault was affirmed because defendant established a cause of action for intentional infliction of emotional distress by showing that plaintiff subjected him to mental suffering incident to threats to his physical well-being, even without a technical assault.

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