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Prima Facie Case Brief Outline

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I. Statement of Facts: The facts are as follows. Torry La Pierre was walking down main street on August 10, 2017 and took a shortcut through an alley. La Pierre then came across these bikers with the words “Live Free or Die” on the back of their jackets. The bikers surrounded LaPierre and called her derogatory names referencing terrorism/ middle eastern ethnicity. LaPierre was wearing an identifiable religious scarf. Joseph Browning is said to be the leader of the bikers, he proceeded to corner LaPierre and scream in her face for approximately fifteen- minutes. La Pierre has become sick with ulcers, depressions, loss of weight and insomnia, her doctors consider her trauma severe. II. Statement of Issue: (a)Under California law, is Joseph Browning liable for intentional infliction of emotional distress for leading a group of bikers to …show more content…

Discussion: (a) Yes, Browning is liable for intentional infliction of emotional distress as he met every element necessary. In Wilson v. Hynek, 207 Cal. App. 4th 999, 144 Cal. Rptr. 3d 4 (2012), it states that the elements of a prima facie case for the tort of intentional infliction of emotional distress are: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct. Browning’s actions were examples of extreme and outrageous conduct with the intent of causing emotional distress as they directly called La Pierre names and followed her for blocks. The doctors have diagnosed LaPierre with severe trauma after the incident which meets the second element, and finally, La Pierre would not have suffered any trauma if it were not for Browning inflicting severe emotional distress towards her which means his conduct is the actual and proximate cause of her

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