SHELTRA v. SMITH

No. 1-78.

392 A.2d 431 (1978)

Lesley SHELTRA v. Steven L. SMITH.

Supreme Court of Vermont.

September 19, 1978.


Attorney(s) appearing for the Case

Witters, Zuccaro, Willis & Lium, Inc., St. Johnsbury, for plaintiff.

Rexford, Kilmartin & Chimileski, Inc., Newport, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.


HILL, Justice.

The central issue in this appeal is whether this Court shall recognize the tort of intentional infliction of mental distress. The instant appeal arose when the trial court below dismissed the plaintiff's complaint for failure to state a cause of action upon which relief could be granted. V.R. C.P. 12(b)(6). We reverse for the reasons more fully outlined below.

The evolution of judicial recognition both of a right to recover damages for mental...

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