In his recent decision in the case of Nehme v. Churla, 2017 W.L. 4124460 (C.P. Lacka. Co. Sept. 8, 2017
Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common
Pleas addressed the current status of the requirements of a claim for
intentional infliction of emotional distress under Pennsylvania law.
The issue arose in a case in which a Plaintiff commenced an
action against his former paramour seeking the repayment of money he loaned to
the Defendant during the pendency of her divorce proceedings against her
ex-husband. The Plaintiff also sought
the return of an engagement ring.
According to the Opinion, the Defendant asserted a
counterclaim for intentional infliction of emotional distress. The Plaintiff
filed a demurrer to that claim on the grounds of legal insufficiency.
After reviewing the current status of the law of intentional
infliction of emotional distress in Pennsylvania as applied against the facts of the case, the court sustained the
demurrer to the Defendant’s counterclaim.
Anyone wishing to read this Opinion may click this LINK.
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