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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