Bowden v. Spiegel, Inc. - 96 Cal. App. 2d 793, 216 P.2d 571 (1950)

Rule:

The important elements of intentional infliction of emotional distress are that the act is intentional, that it is unreasonable, and that the actor should recognize it as likely to result in illness. Given these elements, mere words, oral or written, which result in physical injury to another are actionable.

Facts:

At a late hour of the night, defendant's agent telephoned a residence and asked for plaintiff. Plaintiff's daughter had answered the phone and upon learning that it was an emergency phone call, she went to plaintiff's home and informed her about the call. Thereupon, plaintiff answered the phone and was informed that she owed defendant money. Plaintiff was threatened of court action if she did not immediately pay the bill. Plaintiff claimed that she did not owe defendant anything. Subsequently, plaintiff became sick and ill. Thereafter, plaintiff filed suit for damages for personal injuries. The trial court entered an adverse judgment after the sustaining of a general demurrer to plaintiff's first amended complaint without leave to amend. Plaintiff appealed. 

Issue:

Under the circumstances, did the plaintiff’s complaint state a cause of action? 

Answer:

Yes.

Conclusion:

On appeal, the court reversed with directions to the trial court to overrule the demurrer. The court found that defendant's intentional use of such an unreasonable method of attempting to collect a debt, which proximately resulted in plaintiff's physical illness, was actionable.