Zalnis v. Thoroughbred Datsun Car Co.

Christine Zalnis (plaintiff) bought a car from a salesman at Thoroughbred Datsun (defendant); the dealership's president, Trosper (defendant), approved the sale, which turned out to be at a $1,000 loss. Trosper had known Zalnis for years and knew she had witnessed her husband's suicide and was in a fragile emotional state. To recoup the loss, the dealership's agents demanded she pay more or return the car; when she came in, they took the car from her without explanation. Trosper told her attorney she had only gotten the good price because she was sleeping with the salesman, and another salesman allegedly called her a 'whore,' followed her, used abusive language, and grabbed her arm. Zalnis sued for outrageous conduct (intentional infliction of emotional distress) and slander. The trial court granted the defendants summary judgment on the outrageous-conduct claim, and Zalnis appealed.

Whether conduct that would otherwise be permissible may be found extreme and outrageous for an intentional-infliction-of-emotional-distress claim when the defendant occupies a position of power over the plaintiff's interests and knows she is peculiarly susceptible to emotional distress.