Nature of the Case
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Facts
James LaBrier worked for D as a used car salesman for over seven years. James needed time away from work, and his doctor advised him to take four to six weeks off. James told his manager that he wanted time away. It was customary to allow employees to take their demonstrator car with them on vacation but not sick leave. The manager of D told James not to take the car with him, but James did anyway after discussing the matter with a union representative. James left and later the next day, a Zieser, and Gilmore from D came to James' residence and encountered his wife Mary Jane (P) who came to the door. They accused James of stealing the car and that they would report that fact to the Highway Patrol. They kept repeating the questions in a loud and angry tone in front of neighbors such that P became upset and began to cry. P had a preexisting condition and had been hospitalized for emotional problems the preceding year. P developed a rash and had to begin taking medicine again and was prevented from taking care of her home for several months after the incident. James returned a few days later and returned the car. P sued do for intentional infliction of emotional distress. A directed verdict was given to D and P appealed.
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