Wednesday, September 26, 2012

Greer v. Medders (1985)


a.       Facts- P went in for surgery, but his original surgeon was on vacation. D was sent in place for the original surgeon. When D did not visit P for several days, he called D’s office. D came to the hospital and bad-mouthed P and his wife. This bad-mouthing caused P to experience uncontrollable psychotic shaking, and his wife to start crying. P bought suit of outrage against D.
b.      Procedural History- Trial Ct gave summary judgment to D, Ct of appeals reversed.
c.       Issue- Whether P can bring action of outrage against D for insults, etc. (D is P’s doctor)
d.      Holding- Yes, P can bring outrage action against D for insults
e.       Rule- When determining “outrageous” element of outrage tort, we must consider the parties’ relationship.
f.       Rationale- Because D was P’s doctor, a “power relationship” existed. The insults that transpire in the context of a “power relationship” must be viewed differently than a random stranger off the streets
g.      Notes-
                                                              i.      At the time, D was actually the P’s doctor (power relationship). Damages were actually found

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