BROWER V. ACKERLEY 943 P.2d 1141 (1997) CASE BRIEF

BROWER V. ACKERLEY

943 P.2d 1141 (1997)

NATURE OF THE CASE: Brower (P) appealed a summary judgment dismissing his civil claims of assault, negligence, and the tort of outrage against Ackerley (D), telephone callers, who made anonymous threatening telephone calls to P.

FACTS: P is a Seattle resident. Christopher and Theodore Ackerley (Ds), in their early twenties, are two sons of the founder of Ackerley Communications, Inc., a company engaged in various activities in Seattle including billboard advertising. P perceived billboard advertising as a visual blight. P concluded that Ackerley Communications had erected numerous billboards without obtaining permits from the City of Seattle; had not given the City an accurate accounting of its billboards; and was maintaining a number of billboards that were not on the tax rolls. P presented his findings to the City. When the City did not respond, P filed suit in October of 1991 against the City and Ackerley Communications seeking enforcement of the City's billboard regulations. Within two days an anonymous male caller began 'a campaign of harassing telephone calls' to P's home that continued over a period of 20 months. The calls went it waves as the events between Ackerley and the City heated up. Threats escalated to threats of physical violence. P reported the incidents to the police. The Police did not file charges but P sued Ds. P sought compensation for the emotional distress he suffered as the result of the telephone calls. D moved for summary judgment. The trial court dismissed all claims. P appealed, arguing that his declaration raises a genuine issue of material fact as to his claims of assault, negligence, and the tort of outrage.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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