Midas Muffler Shop v. Ellison

OPINION

BROOKS, Judge.

The decisive question on this appeal is whether certain conduct by a collection agency and the emotional distress resulting therefrom is sufficient to impose liability in an action for intentional infliction of emotional distress. The facts are as follows.

In December of 1976, Leo and Phyllis Ellison had a muffler installed on their pickup truck at a Midas Muffler Shop. The bill was $178.50 and a check for that amount was issued to Midas by Phyllis Ellison. Midas attempted to cash the check but when it was returned for insufficient funds, Midas delivered it to Commercial…