Thank you councilor-I am definitely suffering from emotional distress after seeing this rare 300SL ruined by outrageous conduct.
Dwight E. Giles, Jr. 1978 240D 4 speed. 218K miles. 1979 240D- auto -250K + miles. (SOLD). 1990 300D 2.5t 160K miles. Wickford, RI-----Original Message----- From: mercedes-boun...@okiebenz.com [mailto:mercedes-boun...@okiebenz.com] On Behalf Of Donald Snook Sent: Monday, July 13, 2009 9:24 AM To: Mercedes@okiebenz.com Subject: Re: [MBZ] This is a nice car! Somebody should buy it! Dwight wrote: "Yes-despoiling that 300SL like that should be a capital offense. Snook=-can you find an appropriate statute?" In Kansas, we have a cause of action known as "Intentional Infliction of Emotional Distress." Most other states have something similar. In order to establish a claim of intentional infliction of emotional distress under Kansas law, a plaintiff must establish four elements: (1) intentional conduct of the defendant, or conduct by the defendant that was in reckless disregard of the plaintiff; (2) extreme and outrageous conduct; (3) a causal connection between a defendant's conduct and plaintiff's mental distress; and (4) extreme and severe mental distress on behalf of the plaintiff. Caputo v. Professional Recovery Services, Inc., 261 F. Supp. 2d 1249, 1265 (D. Kan. 2003). Conduct is extreme and outrageous only if "a civilized society would regard it as exceeding the bounds of decency or utterly intolerable." Id. The test requires that "liability may be found to exist when the recitation of the facts to an average citizen would arouse resentment against the actor and lead that citizen to spontaneously claim, Outrageous!" I think ruining a very nice 300SL meets all of these elements! OUTRAGEOUS! Donald H. Snook -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://okiebenz.com/pipermail/mercedes_okiebenz.com/attachments/20090713/7a 24cd2e/attachment.html> _______________________________________ http://www.okiebenz.com For new and used parts go to www.okiebenz.com To search list archives http://www.okiebenz.com/archive/ To Unsubscribe or change delivery options go to: http://okiebenz.com/mailman/listinfo/mercedes_okiebenz.com _______________________________________ http://www.okiebenz.com For new and used parts go to www.okiebenz.com To search list archives http://www.okiebenz.com/archive/ To Unsubscribe or change delivery options go to: http://okiebenz.com/mailman/listinfo/mercedes_okiebenz.com
