Sunday, July 28, 2019

Intentional Infliction of Emotional Distress Cases Case Study

Intentional Infliction of Emotional Distress Cases - Case Study Example No because while the statute does not definitively require due diligence on the part of defendants, plaintiff did receive and pass psychological testing before engaging in the reality program and therefore defendants will likely not be held responsible. A lounge singer and Sacramento native, Mr. Muerton is currently unable to work because he suffers from recurring panic attacks, clinical depression, and paralyzing stage fright. He claims that these serious conditions are the result of Barnett Productions' duping him into participating in a reality television show called "Regular Guy," where, during the show's taping, he was forced to partake in humiliating school-yard contests while a group of athletically gifted "hunks" ridiculed his limited physical abilities. According to the client, show producers revealed, as they pulled up to beach front property which was directly across from the school which was the situs of Mr. Muerton's bullying, that the show was going to be called "The In Crowd Now" and that it would be about men who had been unpopular kids and had transformed into well-liked, successful adults. Only then did, Merton, as he was being prepared for the taping on a new segment based upon bullying learn the show was actual ly called "Regular Guy," and would be about 15 average-looking roommates competing for the affections of one beautiful woman, named Clarissa. Mr. Muerton claims that Barnett knew he would experience a negative psychological reaction to these staged events, which mirrored emotionally scarring grade-school bullying that he had experienced as a child. Prior to the taping of the show, Barnett was completely informed that Muerton that he had been abused while in grammar school. Disclosures included but were not limited to being targeted at recess by large cruel jocks; whippings during games of dodge balls; and verbal taunts such as "Watch the little loser run home to mommy after I nail him," and "I wish the ball was harder so it could crack your skull." As a direct result of the bullying, he was home schooled. Further, Merton stated "when they told me I would be cast in the show pending a background investigation and psychological testing. I passed both." During the taping of the recess segment, Merton was told by the hunks "They shouted insults. I remember, one of them said to another, "What a bunch of losers. These guys look like 14-year-olds. We should kick their asses." And another one said, "See these babies squeal I bet they're about to go in their pants." Originally scheduled to air on the Fox network this fall, the debut of "Regular Guy" has been postponed indefinitely. In sum, the issue is whether there would be a sustainable cause of action for intentional infliction of emotional distress DISCUSSION This memorandum encompasses three cases applied to the facts presented. Against that backdrop, pursuant to Yurick, a cause of action f

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