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01/06/76 WARREN v. JUNE'S MOBILE HOME VILLAGE AND

January 6, 1976

WARREN
v.
JUNE'S MOBILE HOME VILLAGE AND SALES, INC.



Appeal from Wayne, Roland L. Olzark, J.

Danhof, P. J., and McGregor and N. J. Kaufman, JJ.

SYLLABUS BY THE COURT

1. Trial -- Motion to Dismiss -- Non-jury Trial -- Court Rules -- Directed Verdict.

A trial court in a non-jury case, when presented with a motion to dismiss after plaintiff's presentation of evidence, may Judge credibility, weigh the evidence and decide the case on the merits; the trial court does not view the evidence in a light most favorable to the plaintiff as it would if defendant had moved for a directed verdict (GCR 1963, 504.2).

2. Appeal and Error -- Trial -- Motion to Dismiss -- Clear Error.

A trial court's ruling on a motion to dismiss will not be overturned on appeal unless it is clearly erroneous, with the evidence manifestly preponderating contrary to the decision.

3. Torts -- Intentional Infliction of Mental Distress -- Basis for Liability.

One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm; where such conduct is directed at a third person, the actor is subject to liability if he intentionally or recklessly causes severe emotional distress (1) to a member of such person's immediate family who is present at the time, whether or not such distress results in bodily harm, or (2) to any other person who is present at the time, if such distress results in bodily harm.

4. Torts -- Intentional Infliction of Mental Distress -- Nature of Conduct.

Liability for intentional infliction of mental distress exists only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community; liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.

5. Torts -- Intentional Infliction of Mental Distress -- Permissible Conduct.

A person is not liable for intentional infliction of mental distress where he has done no more than to insist upon his legal rights in a permissible way, even though he is well aware that such insistence is certain to cause emotional distress.

6. Torts -- Intentional Infliction of Mental Distress -- Motion to Dismiss.

A defendant's motion to dismiss an action for intentional infliction of mental distress was properly granted where the cause of plaintiff's mental distress was in question, it is not clear that defendant's conduct was extremely outrageous, and it is ...


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