Nature of the Case
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Facts
In 1974, P met D through mutual acquaintances. D immediately lied to P and said he was divorced. P initiated a relationship with him. When P discovered the truth, D then said he was getting a divorce. D then told P that he had moved out of the marital residence, leading her to believe once again that he was getting a divorce. D was not in the process of getting a divorce when he made these statements. Because of alleged continuing misrepresentations over many years, P continued to maintain a relationship with D, which lasted for twenty-three years in all. In the beginning, P was employed as an elementary school teacher, and in reliance upon D's repeated promises to divorce his wife and marry her, P resigned that position in 1980. At D's insistence and in reliance on his promises, P resigned in order to be available to travel with him around the world. The couple maintained a lavish lifestyle. D provided P with material benefits and financial support. On or about March 11, 1998, D ended the relationship explaining that he 'needed space.' P was shaken by the news. P reported experiencing, nervousness and anxiety, frequently crying, feeling depressed and vulnerable, being unable to stay home alone, and having suicidal thoughts. P reported, 'not being able to resume work and possibly not being able to commit to another relationship, perhaps ever.' Head and stomach aches, vomiting and weight loss also allegedly ensued. D did provide financial support for two years after the break-up in an amount in excess of $80,000.00. P avers that at the time of the break-up D promised her that he was going to put $100,000.00 in her bank account and set up a trust that would take care of her for life. D told P he had written a letter to an attorney, David McOsker, evidencing his intentions. Several months after the split, D allegedly reaffirmed his promise to support P and assured her that he would not renege on it, stating, 'I know my responsibilities.' P contacted attorney McOsker and discovered that the letter never existed. Four months after the break-up, P, in a letter to attorney Matthew Callaghan, expressed a desire to reconcile with D. P eventually brought the instant action. P filed in Rhode Island Superior Court sitting in Newport County asserted claims of promissory estoppel (Count I), intentional infliction of emotional distress (Count II), the tort of outrage (Count III), fraud (Count IV), and breach of promise to marry (Count V), and sought $5,000,000.00 in compensatory damages and $7,000,000.00 in punitive damages. D removed the action to this Court based on diversity of citizenship pursuant to 28 U.S.C. § 1332, and thereafter successfully challenged Counts III, IV, and V by filing a Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b) (6). Remaining for disposition are the promissory estoppel claim contained in Count I and the claim for intentional infliction of emotional distress asserted in Count II. Both of these claims are the subject of D's Motion for Summary Judgment.
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