Ms. Groenig: A Case Study

2. The outcome of this issue is governed by Restatement (Second) of Torts § 46 (1965) Outrageous Conduct Causing Severe Emotional Distress. The elements of this cause of action are (1) the wrongdoer's conduct was intentional or reckless, that is, he intended his behavior when he knew or should have known that emotional distress would likely result; (2) the conduct was outrageous, that is, as to go beyond all bounds of decency, and to be regarded as odious and utterly intolerable in a civilized community; (3) the conduct caused the emotional distress; and (4) the emotional distress was severe.

An “audit failure” is a situation in which a professional auditor fails to detect a material error in the financial statements of the company they are auditing. The audit failure in the situation of Rita Crundwell the failure was exacerbated by the fact that the auditors continually signed off on the misstated statements for years. Crundwell is responsible for many of the deficiencies mentioned, such as the missing funds and the incorrect invoices. However, she is not the sole person responsible for this fraud. The lack of internal control is to blame, and this cannot be placed on a single person. The government should have separated duties and used

In her complaint, the Parents allege that the Defendants are liable to her on a theory of Intentional Inflection of Emotional Distress (“IIED”). “IIED claims are ‘rarely viable in a case brought under Maryland law.’” Takacs v. Fiore, 473 F. Supp. 2d 647, 652 (D. Md. 2007) (quoting Robinson v. Cutchin, 140 F. Supp. 2d 488, 494 (D. Md. 2001)). In order for an IIED allegation to survive a motion to dismiss, a plaintiff must allege: “(1) The conduct must be intentional or reckless; (2) The conduct must be extreme and outrageous; (3) There must be a causal connection between the wrongful conduct and the emotional distress; [and] (4) The emotional distress must be severe.” Lasater v. Guttman, 194 Md. App. 431, 448 (2010).

The court held the psychologist responsible for the murder of his girlfriend and for not informing of the intent to harm. I believe Justice Tobriner said it best, “the protective privilege ends where the public peril begins.”

Intentional infliction of emotional distress - the Court states that because Texas law places a duty on Briles and McCaw, the Plaintiff 's negligence claim will fill any gaps.

Julie Mialaret is my mother and she is 53 years old. My mother exercises very rarely because of her intense work schedule. She says it is hard for her to have the energy everyday to work out after long work hours. She has never smoked in her life because she does not find it appealing. Mrs. Mialaret eats a very low-fat diet and eats very small portions. My mother eats very healthy and is able to maintain her weight without exercise. She faces no barriers when it comes to eating healthy because growing up she ate little portions and couldn't afford fast food. I would like to change my eating habits to better reflect my mom's diet however, I would like to incorporate some sort of exercise into my daily routine. My mom hopes to start exercising

Dr. Joseph Lifschutz was a practicing psychiatrist in California and sought a “writ of habeas corpus” to be released from custody in the county of San Mateo California. Dr. Lifschutz was found in contempt of court and was arrested for refusing to obey an order of the San Mateo court ordering his release of records relating to him and one of his patients. Dr. Lifscutz did not follow the order because he believed the order from the court was unconstitutional, violating his constitutional right to privacy. Joseph Housek had been a patient of Dr. Lifscutz for around six months. As a result of being assaulted, he sued his assailant. In an attempt to discredit the case, the defense wanted information to try to prove the plaintiff was not competent.

However, I was shocked by Mr. Sundstrom's decision to play God, and how Mr. Sundstrom's depended on my death. Coupled with the racist lawyers, I thought I hired to litigate the injustice, instead the racist lawyers accepted the case with the intent of preventing litigation. Accordingly, while my son's actions certify as dirty, the racist lawyers actions certify as filthy dirty. Furthermore, a year after hiring Kirby, Gilbert and Ashley, LC to represent me in litigating Petitioner and FMRS, I discovered Mr. Kirby's mother-in-law, is FMRS clinical director, Jennifer Hamrick, officer for the mental health facility. By the time I fired Kirby, Gilbert and Ashley, open sores covered my right arm---a direct result of picking due to extreme stress. The horrible scars remain almost two years after firing the unapologetically racist law

In Pennsylvania, a plaintiff claiming negligent infliction of emotional distress must establish one of these four situations: “1) that the defendant had a contractual or fiduciary duty; 2) plaintiff suffered a physical impact; 3) plaintiff was in a “zone of danger” and at risk of an immediate physical injury; or 4) plaintiff had a contemporaneous perception of tortious injury to a close relative.” Doe v. Phila. Cmty. Health Alternatives AIDS Task Force, 754 A.2d 25, 27 (Pa. Super. Ct. 2000). The first element does not apply to our client because there was no fiduciary or contractual duty relationship. Secondly, it could be argued that Nordlund suffered a physical impact because after Sumner’s accident, Nordlund could not eat, could not

. The husband of the plaintiff file a petition to the court that his wife[plaintiff] is mentally ill and needs to have a court order directing the admission of her to the mental health hospital. The petition initiated by plaintiff’s husband is the order of the Wayne County probate court, and it is also appropriately certified by Doctors Wolodzko, who after appearing in her house and introducing himself as a doctor , and have a conversation with her in person that day and another day in telephone, determine that she is suffering from paranoid schizophrenia and Smyk. The court gave the order and the Plaintiff was taken by ambulance from her home to a private psychiatric

City of Charlotte, 93 F.3d 1241, 1254 (4th Cir. 1996), cert. denied, 520 U. S. 1116 (1997) (based on a comprehensive survey of circuit case law, the court concluded that "a plaintiff's testimony, standing alone, can support an award of compensatory damages for emotional distress"); Williams v. Trader Publishing Co., 218 F.3d 481, 486 (5th Cir. 2000). Emotional harm may manifest itself, for example, as sleeplessness, anxiety, self-esteem, stress, depression, marital strain, humiliation, emotional stress, excessive fatigue, or a nervous breakdown. Physical manifestations of emotional harm may consist of ulcers, gastrointestinal disorders, hair loss, or

The case Stowers v Wolodzko presents complex issues concerning the liability of a doctor for actions taken following a person’s confinement in a private mental institution. During the mist of a martial conflict the husband called a psychiatrist to come to his home and evaluate his wife. A colleague, Dr. Smyk, and the psychiatrist, Dr. Wolodzko, arrived without explaining to the wife, Stowers, the purpose of the visit. Ethel Stowers was forcibly dragged from her home in ambulance and admitted to Ardmore Acres under the care of Dr. Wolodzko. During her 23-day stay, she was denied the right to write or receive letters, use the phone, or consult with an attorney. She refused treatment but was forced to submit. Dr. Wolodzko and Dr. Smyk signed

When Josh was asked, during a bankruptcy proceeding, whether he had ever been sued, he responded that he had not. In fact, he had once been sued for intentional infliction of emotional distress. That suit had been settled many years earlier and had no financial impact on Josh today. Josh’s debts were discharged in bankruptcy. Creditors want the discharge revoked because of Josh’s lie.

The appellant’s second submission concerned the way the judge in the first instance referenced sudden and temporary loss of self-control to the jury in the direction. The appellant submitted that this direction was incorrect. He also proposed that the learned Judge’s direction regarding the appellant’s characteristics in an attempt to use the model set by Lord Diplock in DPP v Camplin. The counsel for the appellant criticized the learned judges direction on two grounds: Firstly, that the Judge did not mention that the appellant was suffering from a condition known as the battered woman’s syndrome which so affected her personality that it put her in a state of learnt helplessness. Secondly, that the list of characteristics should have been left open so that the jury may pick up on the fact that she suffered from a

No case in the history of criminal law has been as televised or as statute changing as the Nicole Brown Simpson murder. This case is the one that truly got the nation’s attention when the death of this battered, stalked, and eventual murder victim changed how we see domestic violence and showed women like her that these dangerous situations can escalate to become a very dangerous affair. Although he was never convicted for her murder, the tales of the domestic violence, known now as Intimate Partner Violence (IPV), and stalking that was done to her by him was never dealt with properly. Although this case is the most famous, it is not a rare occurrence for offenders to threaten, abuse, stalk, and even kill the ones they confess to love so much. With the help of some visual aids and some understanding of the trials and troubles of narrowing down the law, we can start to see the picture forming on what it is to be the victim of a stalker and a repeated victim of IPV. Then we can discuss the laws, policies, and procedures that protect the rights of the victims and protects them from future violations. How are these different since the days of the struggle that Nicole went through with her husband? I want to say also that there are future cases that will need to addressed differently and I had a few ideas on ways that some can be handled with better results. Next, we will look at the data that statistics and other research has shown and the correlation between the three crimes of