31 Ohio App. 3d 237 - Foster v. McDevitt’s Empirical Analysis

Citation profile

1 federal appellate · 55 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In attempting to define what constitutes extreme and outrageous conduct, Ohio has adopted Sections 46(1) and (2) of the Restatement of Law 2d, Torts (1965), and the comments thereto as standards to be used in deciding emotional distress cases. Yeager v. Local Union 20 (1983), 6 Ohio St.3d 369, 374-375 , 6 OBR 421, 426, 453 N.E.2d 666, 671-672 , the case in which the Ohio Supreme Court first recognized the tort at issue, quotes Comment d of the Restatement in describing the standard: “ ‘ “[It] has not been enough that the defendant has acted with an intent which is tortious or even criminal, or that he has intended to inflict emotional distress, or even that his conduct has been characterized by ‘malice,’ or a degree of aggravation which would entitle the plaintiff to punitive damages for another tort. Liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Generally the case is one in which the recitation of the facts to an average member of the community would arouse his resentment against the actor, and lead him to exclaim, ‘Outrageous!’ “ ‘ “The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppression, or other trivialities. The rough edges of our society are still in need of a good deal of filing down, and in the meantime plaintiffs must necess”

   6 later decisions quote this exact passage
   e.g. Merrilu Texler v. County of Summit Board of Mental Retardation and Developmental Disabilities · Webb v. Ohio Cas. Ins.

2. ““The conduct, although it would otherwise be extreme and outrageous, may be privileged under the circumstances. The actor is never liable, for example, where he has done no more than to insist upon his legal rights in a permissible way, even though he is well aware that such insistence is certain to cause emotional distress. * * * ” See, also, Foster v. McDevitt (1986), 31 Ohio App.3d 237, 239 , 31 OBR 520, 522-523, 511 N.E.2d 403, 406 (because plaintiffs employment was at will, employer was entitled to terminate him regardless of whether employer knew or intended that the termination would add to plaintiffs emotional distress).”

   2 later decisions quote this exact passage
   e.g. 99 Ohio App. 3d 254 - Simonelli v. Anderson Concrete Co. · Meminger v. Ohio State Univ.

3. “We view the standard of “serious” emotional distress as being a more reliable safeguard than an “ensuing physical injury” requirement in screening out legitimate claims. By the terms “serious,” we of curse go beyond trifling mental disturbance, mere upset or hurt feelings. We believe that serious emotional distress describes emotional injury which is both severe and debilitating. Thus, serious emotional distress may be found where a reasonable person, normally constituted, would be unable to cope adequately with the mental distress engendered by the circumstances of the case. A non-exhaustive litany of some examples of serious emotional distress should include traumatically induced neurosis, psychosis, chronic depression, or phobia.”

   1 later decision quote this exact passage
   e.g. 711 F. Supp. 357 - Shinholster v. Akron Auto. Ass'n, Inc.