McAlpin v. Sokolay - 596 So. 2d 1266 (Fla. Dist. Ct. App. 1992)

Rule:

Liability arises only when the wrongdoer's conduct is so outrageous in degree, that the conduct exceeds all bounds of decency and that a civilized community would find the conduct is atrocious and intolerable to the point to lead an average member of the community to exclaim, "Outrageous!"

Facts:

Appellant patient went to a hospital to have x-rays for a throat ailment. She disrobed and put on a hospital gown, and then was directed to the x-ray room. When she entered the x-ray room appellee doctor, without warning, and in front of other staff, berated appellant for failing to pay another doctor's bill. Appellee refused to conduct the examination, and picked up a telephone and threatened to call security and have appellant removed. Appellant was unable to respond due to her throat condition and her emotional distress, and fled the immediate area clad only in her gown. Appellant instituted a complaint against the appellee. The trial court dismissed the appellant’s complaint, holding that it failed to state a cause of action for intentional infliction of emotional distress. According to the trial court, the appellee merely had chosen a bad time to raise the issue of an unpaid bill. Appellant sought review of the decision. 

Issue:

Did the facts state a cause of action for intentional infliction of emotional distress? 

Answer:

Yes.

Conclusion:

The court reversed the order that dismissed appellant patient's claim against appellee doctor for intentional infliction of emotional distress. The court held that the trial court erred in determining that appellee merely had chosen a bad time to raise the issue of an unpaid bill. The court held that appellee's conduct, as alleged, was so extreme that an average member of the community would exclaim "outrageous!" upon learning of it, and with the other facts pleaded, was sufficient to state a cause of action.