1360 POWER, INC., A FLORIDA CORPORATION, APPELLANT,

v.

MEDICAL TASKFORCE, INC., A FLORIDA CORPORATION, AND OVERSEAS MEDICAL, INC., A FLORIDA CORPORATION, APPELLEES

Citator

Cited By

• Liggett Grp. Inc. v. Howard A. Engle, M.D., 853 So. 2d 434 (Fla. 3d DCA 2003)
  …motional distress” claim requires not only actual injury and compensatory damages, but also a showing of proximate causation and proof that the particular plaintiff suffered severe emotional distress. See, e.g., De La Campa v. Grifols America, Inc., 819 So. 2d 940, 943 (Fla. 3d DCA 2002); Dominguez v. Equitable Life Assurance Soc'y, 438 So. 2d 58, 59 (Fla. 3d DCA 1983); Stockett v. Tolin, 791 F.Supp. 1536, 1556 (S.D.Fla.1992). Moreover, affirmative defenses must be adjudicated before liability can be establis…
• Williams v. Worldwide Flight SVCS. Inc., 877 So. 2d 869 (Fla. 3d DCA 2004)
  …in Florida, it must be shown that: (1) the wrongdoer’s conduct was intentional or reckless; • (2) the conduct was outrageous; (3) the conduct caused emotional distress; and (4) the emotional distress was severe. De La Campa v. Ghifols America, Inc., 819 So. 2d 940, 943 (Fla. 3d DCA 2002). Outrageous conduct is conduct that is “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency.” Metropolitan Life Ins. Co. v. McCarson, 467 So. 2d 277, 278-79 (Fla.1985). See als…
• Deauville Hotel Mgmt., LLC v. Kemesia Boota Ward and Patrick James Ward, 219 So. 3d 949 (Fla. 3d DCA 2017)
  …otional distress; and (4) the emotional distress was severe. LeGrande v. Emmanuel, 889 So. 2d 991, 994 (Fla. 3d DCA 2004). What constitutes outrageous conduct is a question that must be decided as a matter of law. De La Campa v. Grifols Am., Inc., 819 So. 2d 940, 943 (Fla. 3d DCA 2002) (“What constitutes outrageous conduct is a question for the trial court to determine as a matter of law.”) The plaintiffs “subjective response” to the conduct “does not control the question of whether the tort of intentional…

Authorities Cited

• Rewjb GAS Invs. v. Land O'Sun Realty, Ltd., 645 So. 2d 1055 (Fla. 4th DCA 1994)
• Jack Eckerd Corp. v. 17070 Collins Ave. Shopping Ctr., Ltd., 563 So. 2d 103 (Fla. 3d DCA 1990)