Muratore v. M/S Scotia Prince (1988) (gorilla pictures on cruise)

a.       Facts- P was a passenger on a cruise ship. D’s employees were taking pictures of people boarding the ship. P expressly stated that she did not want to be pictured; D did so anyway. Throughout the cruise, D kept picturing P and being rude to her. As a result, P stayed in her room for several hours during the trip. P sued D for outrage.

b.      Procedural History- Trial Ct found judgment for P. Ct of appeals affirmed

c.       Issue- Whether taking pictures and making obscene remarks at someone constitutes the “outrageous” element of an outrage action, in the context given

d.      Holding- Yes, in the given context, taking pictures and making obscene remarks satisfies the “outrage” element of an outrage action

e.       Rule- Intent is satisfied if you tell the D you do not want a particular action, but D does it anyway. “Outrageous” element of outrage may also be satisfied if P tells D they do not want a certain action, but D does it anyway

f.       Rationale- P expressly said that she did not want to be photographed, and even attempted to evade the picturing. “The extreme and outrageous character of the conduct may arise from the actor’s knowledge that the other is particularly susceptible to emotional distress”

g.      Notes:

                                                              i.      P told D not to do it, and when D did it, P again told D to stop. If you know someone doesn’t want something, but you do it anyway, this may satisfy the “outrageous” conduct element required by an outrage tort