KORBIN V. BERLIN
177 So. 2d 551 (1965)
NATURE OF THE CASE: Korbin (P) a six-year-old girl, through her guardian and next friend,
appealed an order which dismissed her amended complaint alleging that Berlin (D) willfully
and maliciously approached her and made statements to her with the purpose of causing her
undue emotional stress, mental pain, and anguish.
FACTS: D made the following statements to P. 'Do you know that your mother took a man
away from his wife? Do you know God is going to punish them? Do you know that a man is
sleeping in your mother's room?' She then again repeated, 'God will punish them.'' It was
alleged the statements were knowingly false, 'made maliciously, willfully and with utter
disregard to the feelings of P a six-year-old. It was further alleged that the statements
were made 'for the purpose of causing the plaintiff-child undue emotional stress, mental
pain and anguish.' The complaint was dismissed and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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