Legal Opinion
Swinarski v. Keller
District Court of Appeal of Florida
Decided July 27, 1988No. 87-0805PublishedCited by 4 opinions
1Opinion of the Court
HERSEY, Chief Judge.
Donald T. Swinarski appeals from a final judgment for compensatory and punitive damages based upon a jury’s finding that he intentionally inflicted emotional distress on appellees, John P. Keller and his minor daughter, Donna Lynn Keller.
Our supreme court recognized the independent tort of intentional infliction of emotional distress in Metropolitan Life v. McCarson, 467 So.2d 277 (Fla.1985), adopting Restatement (Second) of Torts § 46 (1965), as the appropriate definition of the tort:(1) One who by extreme and outrageous conduct intentionally or recklessly causes severe…
2Cases cited3 opinions
- Metropolitan Life Ins. Co. v. McCarsonSupreme Court of Florida · 1985
- Scheller v. American Medical Intern., Inc.District Court of Appeal of Florida · 1987
- Diamond v. RosenfeldDistrict Court of Appeal of Florida · 1987
3Cited by4 opinions
- Lashley v. BowmanDistrict Court of Appeal of Florida · 1990
- Blue Cross/Blue Shield of Florida, Inc. v. WeinerDistrict Court of Appeal of Florida · 1989
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