KORBIN V. BERLIN 177 So. 2d 551 (1965) CASE BRIEF

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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