Patricia B. Russo v. Burton White

Summary

The court held that the plaintiff's allegations did not establish the severe emotional distress required for an intentional-infliction-of-emotional-distress claim, even assuming the defendant's repeated hang-up calls were outrageous. Because the pleading relied on conclusory descriptions of nervousness, sleeplessness, stress, withdrawal, and impaired concentration without alleging objective physical injury, medical treatment, confinement, or lost income, the demurrer was properly sustained. Justice Hassell, dissenting, would have held that the allegations were sufficient to permit a jury trial.