476 P.2d 753 (Colo. 1970), 22817, Rugg v. McCarty

Docket Nº:22817.
Citation:476 P.2d 753, 173 Colo. 170
Opinion Judge:LEE, Justice.
Party Name:Shirley Jean RUGG, Plaintiff in Error, v. G. McCARTY and Nationwide Finance Company of Lakewood, a Colorado corporation, Defendants in Error.
Attorney:Williams, Taussig & Trine, Morris W. Sandstead, Jr., Boulder, for plaintiff in error., Hellerstein & Hellerstein, F. J. Manning, Denver, for defendants in error. [173 Colo. 172] Williams, Taussig & Trine, Morris W. Sandstead, Jr., Boulder, for plaintiff in error.
Case Date:November 16, 1970
Court:Supreme Court of Colorado
 
FREE EXCERPT

Page 753

476 P.2d 753 (Colo. 1970)

173 Colo. 170

Shirley Jean RUGG, Plaintiff in Error,

v.

G. McCARTY and Nationwide Finance Company of Lakewood, a Colorado corporation, Defendants in Error.

No. 22817.

Supreme Court of Colorado, En Banc

November 16, 1970

[173 Colo. 172] Williams, Taussig & Trine, Morris W. Sandstead, Jr., Boulder, for plaintiff in error.

Hellerstein & Hellerstein, F. J. Manning, Denver, for defendants in error.

LEE, Justice.

Shirley Jean Rugg, the plaintiff in error, is here by writ of error seeking reversal of an order of the trial court dismissing her complaint against G. McCarty and Nationwide Finance Company of Lakewood, a Colorado corporation, defendants in error, for failure to state a claim upon which

Page 754

relief could be granted. Rugg had sought relief from these defendants based on three theories: first, an invasion of the right of privacy; second, an intentional or reckless infliction of emotional distress without impact (without physical contact); and, third, unlawful interference with an employment contract. Rugg asserts the court erred in dismissing the complaint as it related to the claims based on invasion of privacy and intentional or reckless infliction of emotional distress without impact. No error is here predicated on the court's dismissal as it related to plaintiff's claim based on unlawful interference with her employment contract.

We disagree with the court's order of dismissal, and therefore reverse.

The complaint alleged that on November 9, 1965, Rugg enrolled for a one-year membership in a health studio operated by Universal Figure Form of Boulder, Inc., for a fee of $180 which she paid by signing a promissory note payable to Universal. Universal sold the note to Nationwide Finance. Rugg claimed that during the first exercise [173 Colo. 173] lesson she sustained an injury which she attributed to the negligence of Universal's instructor; that the injury and her resulting condition progressively worsened; and that she was forced to quit her employment and was hospitalized in May of 1966. She sought damages from Universal based on negligence. Although Universal was a defendant in the trial court, the motion to dismiss was not directed to Rugg's claim of negligence against Universal, which is not a party to this writ of error.

Rugg alleged that it became impossible because of her physical condition to further engage in the exercise sessions, and she advised Universal and Nationwide Finance of this situation and sought to rescind the contract. Nationwide refused and she continued to pay as long as she was able and reduced the balance on the note to $44.50.

The critical allegations of Rugg's complaint charged that McCarty and Nationwide Repeatedly harassed her with numerous telephone calls and letters demanding payment, notwithstanding her explanation of her distressed circumstances and her promise to pay as soon as possible; that a letter was directed to her employer stating she was Not living up to her obligations in a satisfactory manner and inquiring concerning how many garnishments would be...

To continue reading

FREE SIGN UP