PEDRO CRUZ
v.
NORTH SHORE MEDICAL CENTER, INC.
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What constitutes outrageous conduct in an intentional infliction of emotional distress claim is determined by the trial court as a matter of law, and the plaintiff's subjective response to the conduct does not control whether the tort occurred.
[1] Whether conduct constitutes outrageous conduct sufficient for intentional infliction of emotional distress is a question of law for the trial court to determine, not a qu…
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Court discussing the standard for evaluating intentional infliction of emotional distress claims
Pedro Cruz brought a claim against North Shore Medical Center, Inc. The case involved allegations of conduct that Cruz claimed caused emotional distre…
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PER CURIAM. Affirmed. Deauville Hotel Mgmt. v. Ward, 219 So. 3d 949, 955 (Fla. 3d DCA 2017) (“What constitutes outrageous conduct is a question that must be decided as a matter of law.”) (citing 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.”); Liberty Mut. Ins. Co. v. Steadman, 968 So. 2d 592, 595 (Fla. 2d DCA 2007) (explaining that “[t]he plaintiff's ‘subjective response’ to the conduct ‘does not control the question of whether the tort of intentional infliction of emotional distress occurred.’”)).
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Citator
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- Liberty Mut. Ins. Co. & Norma J. Peele v. Steadman, 968 So. 2d 592 (Fla. 2d DCA 2007)
- Deauville Hotel Mgmt., LLC v. Kemesia Boota Ward and Patrick James Ward, 219 So. 3d 949 (Fla. 3d DCA 2017)
- 1360 Power, Inc. v. Med. Taskforce, Inc., 819 So. 2d 940 (Fla. 3d DCA 2002)