# Elaine J. Subbe-Hirt v. Robert Baccigalupi Prudential Insurance Company

> Court of Appeals for the Third Circuit · September 30, 1996 · 94 F.3d 111

URL: https://www.frixlaw.com/law-library/cases/9489509

## Case

- **Full name:** Elaine J. SUBBE-HIRT, Appellant, v. Robert BACCIGALUPI; Prudential Insurance Company, Appellees
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** September 30, 1996
- **Citations:** 94 F.3d 111
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Cowen, Nygaard, Lewis, Sloviter, Becker, Stapleton, Mansmann, Greenberg, Scirica, Alito, Roth, Mekee
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9489509

## How later opinions describe it (automated extraction)

- holding that, under New Jersey law, a jury could conclude that a defendant’s use of sexual metaphors and comments toward plaintiff could satisfy the “outrageous conduct” element of an Intentional Infliction of Emotional Distress claim.”
- reversing dismissal of intentional infliction of emotional distress claim where plaintiff suffered from stress, including post-traumatic stress disorder

## Opinion text

SUR PETITION FOR REHEARING
Sept. 30, 1996
The petition for rehearing filed by the Appellees in the above-entitled case having been submitted to the judges who participated in the decision of this court and to all other available circuit judges in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied. Judges Cowen and Greenberg would have granted rehearing.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9489509. Public record. Not legal advice.