Friday, October 10, 2014

Taylor v. Vallelunga case brief summary


Taylor v. Vallelunga case brief summary

F: Taylor was present and witnessed the beating administered upon her father by Ds, and she suffered severe fright and emotional distress as a result of it. It is not alleged that any physical disability or injury resulted from the mental distress. I: Whether P’s mental suffering from her father’s beating upon by Ds was intentionally (for the purpose of causing the distress or with knowledge that severe emotional distress is substantially certain to be produced by his conduct) caused by Ds(Can a witness to a battery state a cause of action for intentional infliction of mental distress?)
R: a third party may not recover damages for IIED when D was not aware of the third party's presence at the time that D's conduct was taking place
A witness to a battery cannot state a cause of action for IIED. - Transferred Intent does not apply
A:
There is no allegation that Ds knew that the P was present and witnessed the beating that was done to her father; nor is there any allegation that the beating was done for the purpose of causing her to suffer emotional distress, or that Ds knew that severe emotional distress was substantially certain to be produced by their conduct.
C: affirmed

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