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In the case of Molina v. Sacred Heart Univ., a college freshman sued a college senior for injuries resulting from the senior’s alleged excessive force in a recreational non-contact flag football game. The freshman alleged that he suffered traumatic injury and damage to the mouth and teeth as a result of an elbow blow from the college senior. One of the claims was for the intentional infliction of emotional distress (IIED). A claim for IIED holds an individual, who through extreme and outrageous conduct, intentionally or recklessly caused severe emotional distress to another, subject to liability for such emotional distress and for any bodily harm that results from it.” To prevail in a claim for IIED, the freshman must establish that the senior purposely acted in an extreme and outrageous manner to inflict mental suffering on the freshman. The senior moved to strike, or reject, the motion for IIED.
The court granted the senior’s motion. Liabilty for IIED requires conduct that exceeds all bounds tolerated by decent society. In other words, IIED would require the senior’s conduct “to be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community.” Id. at 5. In the case at hand, the alleged action occurred during a flag football game. The court reasoned that some contact was to be expected by the very nature of the sport. In this respect, the freshman’s claim for IIED was unfounded.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Molina v. Sacred Heart Univ., 2009 Conn. Super. LEXIS 1033, 2009 WL 1334828 (Conn. Super. Ct. April 17, 2009)
