SLOCUM v. FOOD FAIR STORES OF FLORIDA Sup. Ct. of Fla., l00 So.2d 396 (1958). CASE BRIEF

SLOCUM V. FOOD FAIR STORES OF FLORIDA

Sup. Ct. of Fla., l00 So.2d 396 (1958)

NATURE OF THE CASE: This was a suit to recover damages for mental suffering and an appeal from an order dismissing the complaint for a failure to state a cause of action.

FACTS: Slocum (P) was shopping in Food Fair Stores (D). P inquired into the price of an item and the clerk made a rude and malicious reply. The reply upset P mentally and allegedly caused a heart attack. P suffered from a pre-existing condition. P sought money damages for mental suffering or emotional distress and a heart attack from a preexisting condition caused by the abusive language of D's employee. P claimed that the language used in the comment was malicious and was used with the intent to inflict great emotional disturbance. The trial court dismissed the action for a failure to state a cause of action and P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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