allegation that "the defendant repeatedly and persistently called [the plaintiff] by phone at various hours including late at night, soliciting her to have illicit sexual relations with him; and that on one occasion [he] came to her residence in connection with such a solicitation and made an indecent exposure of his person" was sufficient to withstand dismissal
How later courts described this case
- allegation that "the defendant repeatedly and persistently called [the plaintiff] by phone at various hours including late at night, soliciting her to have illicit sexual relations with him; and that on one occasion [he] came to her residence in connection with such a solicitation and made an indecent exposure of his person" was sufficient to withstand dismissal
- repeated solicitations to a married woman to engage in illicit sexual activities
- racial slurs and jokes, refusal to train, and termination of employment
- intentional infliction of emotional distress properly pled where defendant allegedly persistently propositioned plaintiff, a married woman, to engage in sexual relations
Written by the judges who cited it.
Later courts went against this
Abrogated by Johnson v. Rogers, 90 Utah Adv. Rep. 3 (1988)
11 Utah 2d 289 , 358 P.2d 344 (1961), abrogated by Johnson v. Rogers , 763 P.2d 771
The opinion
CALLISTER, Justice
(dissenting).
I dissent. The opinion correctly states the law in cases of this nature. However, the complaint in the instant case is deficient and fails to state a cause of action. It fails to show that the defendant deliberately intended to injure the plaintiff by his unwelcome attentions, or that he knew or should have known that his conduct would result in severe emotional distress to the plaintiff. In fact, the plaintiff specifically alleges that “The defendant has wilfully, wantonly, and with intent to commit unlawful acts caused plaintiff severe emotional distress in the following particulars: Defendant has telephoned plaintiff late at night, and at other hours, upon at least IS and possibly more than 25 separate occasions and has made statements and proposals to plaintiff of a highly insulting, obscene and indecent nature, with the avowed purpose of inducing plaintiff to have illicit sexual relations with defendant * * (Emphasis added)
The complaint only shows that the alleged conduct of the defendant amounted to a moral, rather than a legal or actionable, wrong. 1
I would affirm the trial court.
HENRIOD, J., concurs in the dissenting opinion of Mr. Justice CALLISTER.
. Clack v. Thomason, 57 Ga.App. 253 , 195 S.E. 218 .