ZALNIS V. THOROUGHBRED DATSUN CAR COMPANY
645 P.2d 292 (1982)
NATURE OF THE CASE: Zalnis (P) appealed a judgment dismissing her outrageous conduct
claim against Datsun (D), an automobile dealership and some of its employees.
FACTS: P with D for the purchase of a car. P took possession of the car on that day, and
paid the balance of the purchase price two days later. When D discovered several days later
that they sold the car at a loss of approximately $1,000, D instructed the salesman and
sales manager to make good the loss by either demanding more money from P, retrieving the
car, or repaying the difference out of the salesman's salary. Another employee telephoned P
and told her to return her car to the dealership because it was being recalled. P refused to
give up possession of her car without a work order explaining the need for the recall. The
car was taken from her. During the next few hours, P alleges that a salesman called her a
'French whore,' followed her throughout the showroom, told her they were keeping her
automobile, yelled, screamed, used abusive language, grabbed her by the arm in a threatening
manner, and continually threatened and intimidated her when she attempted to secure the
return of her automobile by telling her to 'shut up.' P telephoned her attorney and obtained
the return of her car. Trosper told the attorney that P had 'been sleeping with that nigger
salesman and that's the only reason she got the deal she got.' Trosper had known P for many
years, and had told the salesman and the sales manager that she was crazy and she had
watched her husband kill himself. D moved for partial summary judgment on the outrageous
conduct claim. The trial court granted the motion. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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