Zalnis v. Thoroughbred Datsun Car Company

645 P.2d 292 (1982)

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Nature of the Case

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Facts

P with D for the purchase of a car. P took possession of the car on that day and paid the balance of the purchase price two days later. When D discovered several days later that they sold the car at a loss of approximately $1,000, D instructed the salesman and sales manager to make good the loss by either demanding more money from P, retrieving the car, or repaying the difference out of the salesman's salary. Another employee, telephoned P and told her to return her car to the dealership because it was being recalled. P refused to give up possession of her car without a work order explaining the need for the recall. The car was taken from her. During the next few hours, P alleges that a salesman called her a 'French whore,' followed her throughout the showroom, told her they were keeping her automobile, yelled, screamed, used abusive language, grabbed her by the arm in a threatening manner, and continually threatened and intimidated her when she attempted to secure the return of her automobile by telling her to 'shut up.' P telephoned her attorney and obtained the return of her car. Trosper told the attorney that P had 'been sleeping with that nigger salesman, and that's the only reason she got the deal she got.' Trosper had known P for many years and had told the salesman and the sales manager that she was crazy and she had watched her husband kill himself. D moved for partial summary judgment on the outrageous conduct claim. The trial court granted the motion. P appealed.