Monday, October 16, 2017

Current Law of Intentional Infliction of Emotional Distress Claim Reviewed

 
 
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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