VETTER V. MORGAN
913 P.2d 1200 (1995)
NATURE OF THE CASE: Vetter (P) appealed this dismissal of her intentional infliction of
emotional distress, assault, and negligence claims for injuries that she sustained in an
automobile accident.
FACTS: P was injured when her van ran off the road after an encounter with a car owned by
Morgan's (D) father and driven by Dana Gaither. D and Jerrod Faulkner were passengers in the
car. P was alone at 1:30 or 1:45 a.m. when she stopped her van in the right-hand westbound
lane of an intersection at a stoplight. D and Gaither drove up beside P. D began screaming
vile and threatening obscenities at P, shaking his fist, and making obscene gestures in a
violent manner. Gaither revved the engine of the car and moved the car back and forth while
D was threatening. D threatened to remove her from her van and spat on her van door when the
traffic light turned green. P stated she was very frightened and thought D was under the
influence of drugs or alcohol. She was able to write down the license tag number of the car.
D stated he did not intend to scare, upset, or harm P, but 'didn't really care' how she
felt. He was trying to amuse his friends, who were laughing at his antics. When the traffic
light changed to green, the car driven by Gaither veered suddenly into her lane, and she
reacted by steering her van sharply to the right. P's van struck the curb, causing her head
to hit the steering wheel and snap back against the seat, after which she fell to the floor
of the van. D and Gaither denied that the car veered into P's lane, stating they drove
straight away from the intersection and did not see P's collision with the curb. The trial
court granted summary judgment in favor of D, ruling P could not raise a negligence claim
against D for unintended results of his intentional acts. It ruled that D's actions did not
constitute assault or outrageous conduct and dismissed all claims against D. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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