ROBERT MORTON, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARIE MORTON, APPELLANT,
v.
UNITED STATES FIDELITY AND GUARANTY INSURANCE COMPANY, ETC., ET AL., APPELLEES
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The court reversed dismissal of an intentional infliction of emotional distress claim and summary judgment on a slander claim, finding sufficient allegations and genuine issues of material fact precluding summary judgment.
Allegations of intentional infliction of emotional distress stated a cause of action, and genuine issues of material fact existed regarding slander, precluding summary judgment.
[1] Allegations of intentional infliction of emotional distress are sufficient to state a cause of action when properly pleaded.
[2] Genuine issues of material fact regarding whether slanderous statements were made and whether made by an independent contractor outside the scope of employment preclude s…
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Join FLexlaw to unlock all legal intelligenceRobert Morton, individually and as personal representative of Marie Morton's estate, sued United States Fidelity and Guaranty Insurance Company allegi…
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PER CURIAM.
We are of the opinion that the allegations of the count in plaintiffs complaint for intentional infliction of emotional distress were sufficient to state a cause of action. Accordingly, we reverse the order which dismissed this count with prejudice and the final judgment entered thereon. See Estate of Morton v. United States Fidelity & Guaranty Company, 460 So. 2d 526 (Fla. 4th DCA 1984); Dominguez v. Equitable Life Assurance Society of the United States, 438 So. 2d 58 (Fla. 3d DCA 1983), approved 467 So. 2d 281 (Fla.1985); Dependable Life Insurance Company v. Harris, 510 So. 2d 985 (Fla. 5th DCA 1987).
Secondly, we are of the opinion that there were genuine issues of material fact which precluded entry of summary final judgment as concerns the count for slander found in the plaintiffs complaint. Among others, there was an issue as to whether the alleged slanderous statements were actually made and an issue as to whether the statements were made by an independent contractor not in the course and scope of his employment. Singer v. Star, 510 So. 2d 637 (Fla. 4th DCA 1987); Blanco v. Allen, 509 So. 2d 1356, 1357 (Fla. 4th DCA 1987). Thus, we reverse this final summary judgment.
REVERSED AND REMANDED.
HERSEY, C.J., and DELL and WALDEN, JJ., concur.
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Henderson v. Lyons, 89 So. 3d 1109 (Fla. 2d DCA 2012)…the court had not expressly discussed them in the final judgment, we agree that the trial court erred. A parent’s responsibility for a child’s medical expenses includes those expenses incurred for reasonable psychological care. See Engar v. Raizin, 525 So. 2d 470 (Fla. 4th DCA 1988); Sulman v. Sulman, 510 So. 2d 908 (Fla. 4th DCA 1987). And in this case, the final judgment does not limit that general principle. The pertinent part of the final judgment is as follows: [Aside from the children’s medical and de…
Authorities Cited
- Dominguez v. Equitable Life Assurance Soc'y OF the United States, 438 So. 2d 58 (Fla. 3d DCA 1983)
- Theresa Singer Ad Litem for Ann Doe v. Star, 510 So. 2d 637 (Fla. 4th DCA 1987)
- Dependable Life Ins. Co. v. Harris, 510 So. 2d 985 (Fla. 5th DCA 1987)
- Crawford & Co. v. Dominguez, 467 So. 2d 281 (Fla. 1985)
- Est. OF Marie Morton v. United States Fid. & Guar. Co., 460 So. 2d 526 (Fla. 4th DCA 1984)
- Barr v. Swain, 509 So. 2d 1356 (Fla. 4th DCA 1987)
- Frank and Kristen Blanco v. Julianne M. Allen, 509 So. 2d 1356 (Fla. 4th DCA 1987)