CRAWFORD AND COMPANY, ETC., ET AL., PETITIONERS,
v.
ANTONIO DOMINGUEZ, RESPONDENT
OVERTON, Justice.
This cause is before us on petition to review a decision of the Third District Court of Appeal reported as Dominguez v. Equitable Life Assurance Society, 438 So. 2d 58 (Fla. 3d DCA 1983), in which the district court acknowledged conflict with Gmuer v. Garner, 426 So. 2d 972 (Fla. 2d DCA 1982). We have jurisdiction, article V, section 3(b)(3), Florida Constitution. We approve the decision of the district court in the instant case on the authority of our recent decision in Metropolitan Life Insurance Co. v. McCarson, 467 So. 2d 277 (Fla. 1985), in which we expressly disapproved the Gmuer decision.
It is so ordered.
BOYD, C.J., and ADKINS, ALDERMAN, McDonald, EHRLICH and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Williams v. City OF Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991)…conduct causing severe emotional distress” because it could involve either the deliberate or reckless infliction of mental suffering. Dominguez v. Equitable Life Assurance Society of the United States, 438 So. 2d 58, 59 (Fla. 3d DCA 1983), approved, 467 So. 2d 281 (Fla.1985). We think describing the tort as “the intentional infliction of severe mental or emotional distress” is somewhat misleading. Such a description erroneously suggests that the defendant intended to inflict severe mental or emotional distre…
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Williams v. City OF Minneola, 619 So. 2d 983 (Fla. 5th DCA 1993)…distress; and (4) the emotional distress was severe. Dependable Life Insurance Co. v. Harris, 510 So. 2d 985 (Fla. 5th DCA 1987); Dominguez v. Equitable Life Assurance Society, 438 So. 2d 58 (Fla. 3d DCA 1983), approved, Crawford & Co. v. Dominguez, 467 So. 2d 281 (Fla.1985). See also Metropolitan Life Insurance Co. [*987] v. McCarson, 467 So. 2d 277 (Fla.1985); Food Fair, Inc. v. Anderson, 382 So. 2d 150 (Fla. 5th DCA 1980); Restatement (Second) of Torts § 46 cmt. d (1965).1 In Williams, we observed that, w…
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Rodrigo Aguilera v. Inservices, Inc., 905 So. 2d 84 (Fla. 2005)…tress where the facts are “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency”); see also Dominguez v. Equitable Life Assurance Soc’y of the United States, 438 So. 2d 58 (Fla. 3d DCA 1983), approved, 467 So. 2d 281 (Fla.1985). The decision below and the dissent would expand immunity far beyond that ever recognized in Florida. The dissent is simply incorrect in suggesting that Florida does not recognize a freestanding tort under claim process circumstances. A f…
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- Metro. Life Ins. Co. v. McCARSON, 467 So. 2d 277 (Fla. 1985)
- Dominguez v. Equitable Life Assurance Soc'y OF the United States, 438 So. 2d 58 (Fla. 3d DCA 1983)
- Rosanne Gmuer v. Ambrose Garner, 426 So. 2d 972 (Fla. 2d DCA 1982)