Emden v. Vitz

In Emden v. Vitz (1948) 88 Cal.App.2d 313, an action for intentional infliction of emotional distress, plaintiff tenant was unjustifiably locked out of her apartment and not permitted to enter or regain her personal belongings. The apartment owner and managers, while blocking the exit from the manager's office, yelled and screamed at the plaintiff (who was then benefiting from a low rent due to government rent controls). Although no physical contact occurred, plaintiff was frightened which caused her pains about the heart, headaches, and other physical ailments. She was awarded a money damage judgment. On appeal, the Court of Appeal, at page 319, stated: "The evidence justified a conclusion that defendants intentionally and unreasonably subjected plaintiff to severe mental distress involving a risk of causing physical harm; and by clear and uncontradicted evidence, it was proven that substantial physical injuries were actually incurred by plaintiff as a proximate result of fright engendered by the said conduct of defendants. Liability under these circumstances is manifestly correct."