Samms v. Eccles - that the law should shut their eyes to it...

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Samms v. Eccles 358 P.2d 344 (1961) Fact: Operative Facts: Samms is suing for extreme emotional distress because, Eccles has been repeatedly calling her for 7 months, in the late hours to solicit her to have illicit sexual relations with him, and even came over and made an indecent exposure of himself to her. Issue: Without physical contact, can Samms sue for IIED Rule: IIED may be found if defendant intentionally engaged in some conduct towards the plaintiff a) With the purpose of inflicting emotional distress, or b) Where any reasonable person would have known that such would result; and c) His actions are of such a general nature as to be considered outrageous and intolerable in that they offend against the generally accepted standards of decency and morality. Rational: Just because it is hard to find out whether or not someone is telling the truth or the story is fabricated is up to the judge and jury to decide. Just because it’s hard to do, doesn’t mean
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Unformatted text preview: that the law should shut their eyes to it. They cite cases where they showed just a slight contact, such as tossing a coin on a bed. Holding: Reversed the trial courts holding. So she can sue for eed, without it being motioned to dismissed because of no basis upon which the relief could be granted. Synthesis: Dissent/Concurrences: Justice Callister Dissenting. States that the plaintiff failed to show that the defendant deliberately intended to injure the plaintiff. They only showed that the defendant amounted to a moral wrong, not a legal or actionable wrong. Osborne v. Payne. Husband and wife went to a priest for marriage counseling. Wife and priest then had a 45 day sexual relationship. Husband had a nervous breakdown, lost his religion, his house, his job and his wife....
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This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .

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