Question: Rocco, who is a foreman at Value - Mart Textiles, approached three female workers who were taking a proper 1 5 - minute break and
Rocco, who is a foreman at ValueMart Textiles, approached three female workers who were taking a proper minute break and accused them of laziness, not doing their jobs, incompetency and taking an unauthorized break. He shouted profanities, various insults and accused them of 'breaking the rules." After a oneminute tirade, he left the area. One of the workers, a yearold woman, became immediately ill, with complaints of chest pains, shortness of breath and anxiety. The employer transported her to a local hospital, where she remained for two days. Although all tests were negative, the doctor diagnosed severe panic attack. Despite no need for further treatment and an apology from Rocco, she remained upset and stressed. She sued Rocco and ValueMart Textiles for one count of intentional infliction of emotional distress, along with other claims. The defendants filed a motion to dismiss the intentional infliction count for failure to state a legal claim. Will the judge grant the motion and dismiss the J E ntentional infliction count preliminarily?
No Rocco knew or should have known that his tirade would cause severe emotional distress so that he acted intentionally.
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No the obscenities and the personal insults were so outrageous and extreme that no reasonable employee could endure the experience.
Yes, because a oneminute tirade of obscenities in a work environment is not so extreme and outrageous as to qualify for the intentional infliction of emotional distress tort.
Yes, because the tort requires a physical touching to accompany the insults and outrageous behavior and no physical contact occurred.
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