Dеfendant appeals from a jury verdict of $16,500 in plaintiff’s favor on plaintiff’s intentional infliction of emotional distress claim. Defendant argues that the trial judge errеd in denying defendant’s motion for a directed verdict and for a judgment notwithstanding the verdict. We disagree and affirm the jury’s verdict.
Plaintiff is a maintenance repairman fоr Michigan State University and was the union steward at the complex where defendant first became employed in August, 1980. Two weeks after defendant started, she cоmplained to plaintiff about problems she was having with two co-workers. Defendant complained about another co-worker one week later. Plaintiff tried to mediate defendant’s complaints but found that they were baseless. Defendant, apparently unsatisfied with plaintiff’s efforts, repeatedly complained to the union that plaintiff was not adequately representing her. Thereafter,
After six months of defendant’s abuse, plaintiff resigned his position as union steward. Nonetheless, defendant continued to harass him. Plaintiff eventually filed a charge against defendant with the union. In response, defendant began calling рlaintiff at home and harassing him, his wife, and his children. When speaking with plaintiff’s wife, defendant accused plaintiff of being unfaithful. On one occasion she called the рlaintiff’s wife just after plaintiff had left for work and asked her whether plaintiff was going to stop at a female coworker’s home for coffee, "as usual.” On anоther occasion she called and informed plaintiff’s family that plaintiff was a sneak and a liar and that his wife must be sick to want to live with him. Defendant continued telephoning plaintiff even after he had filed his lawsuit against her and continued right up until the time of trial. There was also evidence that the parties were involved in a physical altercation on one occasion.
Trial testimony indicated that plaintiff’s work, his home life and his health suffered as a result of defendant’s aсtions. Both plaintiff’s general manager and his immediate supervisor testified that plaintiff was a good employee but that his job
Defendant claimed that it was the plaintiff who was harassing her. She аccused the plaintiff of threatening and assaulting her and of soliciting sexual relations with her. In response to plaintiff’s complaint, she filed a countercоmplaint against plaintiff stating claims for assault and battery and for the intentional infliction of emotional distress. Following trial, the jury rendered a verdict of $16,500 in favor оf plaintiff, $50 in favor of defendant against plaintiff on her claim for assault and battery, and no cause for action on defendant’s claim against plaintiff for thе intentional infliction of emotional distress.
On appeal, defendant argues that the trial judge erred in denying her motion for a directed verdict because аs a matter of law her conduct towards plaintiff was not so outrageous as to give rise to a claim for the intentional infliction of emotional distress. She also argues that the trial judge erred in dismissing her judgment notwithstanding the verdict motion because plaintiff failed to prove causation or bodily harm.
Michigan has defined the tort of intentional infliction of emotional distress as it is described in 1 Restatement Torts, 2d, § 46, pp 71-72:
One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm.
Sawabini v Desenberg,
The trial court did not err in denying defendant’s separate motions for a directed verdict or for a judgment notwithstanding the verdict. On the basis of defendant’s actions, her repeated accusations before coemployees that plaintiff was a management stool pigeon, her claims that he was having an illicit relationship with a coem-ployee, and her continued harassment of plaintiff and his family, the trial judge properly denied defendant’s motion for a directed verdict. The casе was properly submitted to the factfinder for its determination as to whether plaintiff had sustained his burden of proof.
Nor is there any merit to defendant’s claim that plaintiff failed to establish emotional or bodily harm and failed to causally relate his injuries to defendant’s actions. The emotional distress suffered by plaintiff was еstablished by both expert and lay witnesses. Dr. Hill testified that he prescribed Dimotal for plaintiff’s stress-related symptoms. He also testified that he felt that plaintiff’s symptoms indicated that plaintiff might be developing a peptic ulcer. Plaintiff’s wife and three of his co-workers testified that plaintiff’s behavior changed after August, 1980: that he bеcame irritable, argumentative and depressed. Further, Dr. Hill’s testimony that plaintiff was in an extreme state of agitation when treated on September 14,
The jury’s verdict is affirmed.
