Plaintiff alleged that defendant used vile and abusive language toward her on a public street; that defendant knew she was advanced in pregnancy, highly nervous and sensitive; and that by reason of defendant's language she suffered an emotional disturbance resulting in impairment of health. The trial court rendered judgment in favor of the defendant after the opening statement of plaintiff's counsel. The court of appeals reversed the judgment of the trial court and held that plaintiff was entitled to submit her evidence to the jury. On appeal, held, reversed. Plaintiff did not allege that she was put in fear or terror or that defendant was guilty of any conduct which amounted to even a slight assault. Bartow v. Smith, 149 Ohio St. 301, 78 N.E. (2d) 735 (1948).
Donald D. Davis,
TORTS - LIABILITY FOR INTENTIONALLY INFLICTED EMOTIONAL DISTURBANCE,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol47/iss3/26