Country Escrow Service v. Janes

OPINION

RICHMOND, Chief Judge.

This appeal is resolved by our determination of one issue: did evidence of the wrongful eviction of defendants support their recovery on their counterclaim for emotional distress and resulting physical harm?

Country Escrow Service as trustee for Edward and Ruth Carol Chesin commenced an action for unpaid rent. With their answer defendants filed a counterclaim seeking compensatory and punitive damages for fraud, wrongful eviction with intentional infliction of emotional distress, and conversion. At the conclusion of defendants’ case on the counterclaim the court…