2 Mass. App. Ct. 848 | Mass. App. Ct. | 1974
This is an action of tort for the intentional infliction of mental distress. By a prior decision of the Supreme Judicial Court the plaintiffs cause of action was recognized and an order sustaining a demurrer to her declaration reversed. See George v. Jordan Marsh Co. 359 Mass. 244 (1971). A subsequent trial of the case resulted in a jury verdict for the defendant. The sole exception argued to this court concerns the judge’s exclusion of certain evidence, to wit, a letter sent to the defendant by the plaintiffs attorney which read in relevant part as follows: “May I advise you [Jordan Marsh Co.] that your alleged claim is absolutely groundless, as you well know; that your persistent dunning tactics are obviously designed to harass and intimidate . . . Mrs. George Jr.; that same are having the intended effect of injuring her health and well being; . . ..” The plaintiff concedes that the
Exceptions overruled.