580 P.2d 399 (Colo.App. 1978), 77-013, Meiter v. Cavanaugh

Docket Nº77-013.
Citation580 P.2d 399, 40 Colo.App. 454
Opinion JudgePIERCE, Judge.
Party NameHazel MEITER, Plaintiff-Appellee, v. Frank M. CAVANAUGH, Defendant-Appellant.
Attorney, Raphael M. Solot, Denver, for plaintiff-appellee., Myles J. Dolan, Arvada, for defendant-appellant. [40 Colo.App. 455] Raphael M. Solot, Denver, for plaintiff-appellee.
Judge PanelENOCH, J., concurs.
Case DateMarch 16, 1978
CourtCourt of Appeals of Colorado, First Division

Page 399

580 P.2d 399 (Colo.App. 1978)

40 Colo.App. 454

Hazel MEITER, Plaintiff-Appellee,

v.

Frank M. CAVANAUGH, Defendant-Appellant.

No. 77-013.

Court of Appeals of Colorado, First Division

March 16, 1978

Rehearing Denied April 6, 1978. Certiorari Denied July 3, 1978.

Page 400

[40 Colo.App. 455] Raphael M. Solot, Denver, for plaintiff-appellee.

Myles J. Dolan, Arvada, for defendant-appellant.

PIERCE, Judge.

Defendant appeals from an adverse judgment entered upon a jury verdict, alleging that plaintiff failed to establish a prima facie case of intentional infliction of emotional distress by outrageous conduct. Defendant also argues that the evidence is insufficient to justify the award of $5,500 in actual and $10,000 in exemplary damages. We affirm the judgment in its entirety.

Because we are presented with the question of whether the trial court erred in refusing to grant defendant's motions for a directed verdict and judgment notwithstanding the verdict, we must review the record in a light most favorable to the plaintiff. Celebrities Bowling, Inc. v. Shattuck, 160 Colo. 102, 414 P.2d 657 (1966).

In March of 1973, plaintiff and defendant entered into a specific performance contract, under which plaintiff was to purchase defendant's home. Plaintiff wanted to buy the house for her grandchildren and recently widowed daughter-in-law. The contract provided that defendant would have a right to retain possession of the property on a rental basis for [40 Colo.App. 456] a period not to exceed six weeks after the delivery of the deed. Since the deed was delivered at the closing on April 12, 1973, defendant's rental period ended on May 25, and plaintiff was entitled to exclusive possession on May 26.

Sometime in late May or early June, plaintiff went to the house to inquire about the surrender of possession. Defendant informed her, for the first time, that he would be unable to move until the end of his children's school term, sometime in early June. Plaintiff explained that her daughter-in-law desperately needed a place to stay. Defendant became quite belligerent, and responded, "Well, as far as that's concerned, you can move (her furniture) up in that shanty. When I get out, you can roll it down the hill."

During another early June encounter, defendant told plaintiff, "I'm an attorney. I know my rights. I'll move when I'm damn well ready." He...

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53 practice notes
  • 530 F.Supp. 776 (D.Colo. 1982), Civ. A. 81-K-1454, Rawson v. Sears Roebuck & Co.
    • United States
    • Federal Cases United States District Courts 10th Circuit District of Colorado
    • 27 de Janeiro de 1982
    ...plaintiff was reasonable, because the defendants' action delayed taking a critically ill person to a hospital. In Meiter v. Cavanaugh, 40 Colo.App. 454, 580 P.2d 399, 400-01 (1978), the defendant, a lawyer, intentionally breached a house sales contract with the plaintiff, who was not sophis......
  • 222 P.3d 957 (Colo.App.Div. 1 2009), 08CA2233, Han Ye Lee v. Colorado Times, Inc.
    • United States
    • Colorado Court of Appeals of Colorado First Division
    • 29 de Outubro de 2009
    ...eviction of tenant without notice while tenant was hospitalized supported a claim for outrageous conduct); Meiter v. Cavanaugh, 40 Colo.App. 454, 456, 580 P.2d 399, 400 (1978) (allegations of tenant's general belligerence, comment that plaintiff was " a sick old woman," and sugges......
  • 660 P.2d 517 (Colo.App. 1983), 82CA0723, Dorr v. C.B. Johnson, Inc.
    • United States
    • Colorado Court of Appeals of Colorado Third Division
    • 3 de Fevereiro de 1983
    ...the actor, and lead him to exclaim; 'Outrageous!' " Restatement (Second) of Torts § 46 comment d (1965); Meiter v. Cavanaugh, 40 Colo.App. 454, 580 P.2d 399 (1978); Blackwell v. Del Bosco, 35 Colo.App. 399, 536 P.2d 838 (1975). "It is for the court to determine, in the first insta......
  • 759 P.2d 1336 (Colo. 1988), 86SC183, Churchey v. Adolph Coors Co.
    • United States
    • Colorado Supreme Court of Colorado
    • 5 de Julho de 1988
    ...person could conclude that the defendant's conduct was outrageous, summary judgment is appropriate."); Meiter v. Cavanaugh, 40 Colo.App. 454, 457, 580 P.2d 399, 401 (1978); see also Therrien v. United Air Lines, Inc., 670 F.Supp. 1517, 1524 (D.Colo.1987) ("it is for the trial cour......
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53 cases
  • 222 P.3d 957 (Colo.App.Div. 1 2009), 08CA2233, Han Ye Lee v. Colorado Times, Inc.
    • United States
    • Colorado Court of Appeals of Colorado First Division
    • 29 de Outubro de 2009
    ...eviction of tenant without notice while tenant was hospitalized supported a claim for outrageous conduct); Meiter v. Cavanaugh, 40 Colo.App. 454, 456, 580 P.2d 399, 400 (1978) (allegations of tenant's general belligerence, comment that plaintiff was " a sick old woman," and sugges......
  • 877 P.2d 877 (Colo. 1994), 93SC458, Culpepper v. Pearl Street Bldg., Inc.
    • United States
    • Colorado Supreme Court of Colorado
    • 11 de Julho de 1994
    ...Restatement (Second) of Torts § 46 cmt. h (1965); Price v. Federal Express Corp., 660 F.Supp. 1388 (D.Colo.1987); Meiter v. Cavanaugh, 40 Colo.App. 454, 580 P.2d 399 (1978). We hold that the trial court correctly granted the defendants' summary judgment motion. First, the Culpeppers produce......
  • 952 P.2d 797 (Colo.App. 1997), 96CA1059, Floyd v. Coors Brewing Co.
    • United States
    • Colorado Court of Appeals of Colorado First Division
    • 24 de Julho de 1997
    ...whether reasonable persons could differ on this issue. Rugg v. McCarty, 173 Colo. 170, 476 P.2d 753 (1970); Meiter v. Cavanaugh, 40 Colo.App. 454, 580 P.2d 399 (1978). Ordinarily, the mere discharge of an employee, without more, cannot support a claim of outrageous conduct. Bigby v. Big 3 S......
  • 721 P.2d 1208 (Colo.App. 1986), 84CA0242, Mari v. Wagner Equipment Co., Inc.
    • United States
    • Colorado Court of Appeals of Colorado First Division
    • 6 de Março de 1986
    ...determine, as a threshold matter of law, whether reasonable persons could differ as to the outrageousness issue. Meiter v. Cavanaugh, 40 Colo.App. 454, 580 P.2d 399 (1978); Widdifield v. Robertshaw Controls Co., 671 P.2d 989 (Colo.App.1983). Here, viewing the evidence in the light most favo......
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