Can a plaintiff include the taxi fare incident as support for his negligent infliction of emotional distress claim?
California, United States of America
The following excerpt is from John v. Colen, G043144, Super. Ct. No. 30-2008-00180030 (Cal. App. 2011):
Colen includes the taxi fare incident as further support for his negligent infliction of emotional distress claim. But any psychological discomfort Colen may have suffered as a result of this incident cannot provide the basis for his claim. "'[S]erious mental distress may be found where a reasonable man, normally constituted, would be unable to adequately cope with the mental stress engendered by the circumstances of the case.'" (Molien v. Kaiser Foundation Hospitals (1980) 27 Cal.3d 916, 928.) A reasonable person would have been able to cope with the mental stress engendered by a short-lived dispute over payment of a taxi ride.
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The judgment is affirmed. Defendants shall recover costs incurred on appeal.
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