Moorhead v. JC Penney Co., Inc.

OPINION

BROCK, Justice.

This is an action to recover compensatory and punitive damages for the alleged infliction of “severe emotional distress, exasperation, physical irritability and nervousness, headaches, anger and frustration” upon the plaintiffs by a course of conduct on the part of the defendant and its agents which plaintiffs characterize as “outrageous.” The trial court dismissed the complaint, holding that it failed to state a cause of action upon which relief may be granted. Plaintiffs appealed.

I

Plaintiffs allege that they maintained a charge account with the defendant, J. C. Penney…