Nehme v. Churla, PICS Case No. 17-1387 (C.P. Lackawanna Sept. 8, 2017) Nealon, J. (9 pages).
The court dismissed a defendant's counterclaim for intentional infliction of emotional distress where the harassing and annoying conduct, including text messages, a frivolous lawsuit, and third-party contacts, did not constitute outrageous conduct.
September 22, 2017 at 02:29 PM
3 minute read
Intentional Infliction of Emotional Distress • Harassing and Annoying Conduct • Outrageousness
Nehme v. Churla, PICS Case No. 17-1387 (C.P. Lackawanna Sept. 8, 2017) Nealon, J. (9 pages).
The court dismissed a defendant's counterclaim for intentional infliction of emotional distress where the harassing and annoying conduct, including text messages, a frivolous lawsuit, and third-party contacts, did not constitute outrageous conduct.
Plaintiff and defendant were previously involved in a romantic relationship. Plaintiff filed this lawsuit to recover an engagement ring and a $90,500 loan he made to defendant during the pendency of her divorce from her ex-husband. In her responsive pleading, defendant asserted a counterclaim for intentional infliction of emotional distress. Plaintiff filed a preliminary objection seeking the dismissal of defendant's counterclaim on the ground of legal insufficiency.
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