Opinion

Almerico v. Dale

  • 927 So. 2d 586
  • 2006 La. App. LEXIS 645
  • 2006 WL 846834
Court
Louisiana Court of Appeal
Filed
Mar 28, 2006
Status
Published
Author
Daley
On the bench
Chehardy, Daley, Dufresne
Cited by
9 cases

An employer's conduct must be “intended or calculated to cause severe emotional distress, not just some lesser degree of fright, humiliation, embarrassment, or worry.”

How later courts described this case

  • An employer's conduct must be “intended or calculated to cause severe emotional distress, not just some lesser degree of fright, humiliation, embarrassment, or worry.”

Written by the judges who cited it.

The opinion

DALEY, J.,

Concurring.

|J concur and write separately to make clear that this case is being dismissed because a no cause of action review is based on the pleadings and not the allegations asserted in plaintiffs briefs. Plaintiff alleges in his briefs that Chief Dale procured false testimony through a bribe, which caused or contributed to his emotional trauma resulting in his permanent disability. These facts, if properly plead, would, in my opinion, constitute a cause of action for intentional infliction of emotional harm.

I affirm the dismissal of this case on the Exception of No Cause of Action because the pleadings do not allege what appellant’s briefs assert. Paragraph 20c.A. of the Supplemental and Amending Petition alleges, that a Mark Wollfarth was promised a commission in exchange for a statement, which he later denied understanding. This factual assertion does not constitute an allegation of procurement of false testimony through a bribe; therefore, I concur with the majority’s position in this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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