Martha Wilson Case Summary

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Whether Martha Wilson has a potentially successful claim against the Hystocks for Intentional Inflection of Emotional Distress when the Hystocks covered her gallery windows in paint and attempted to discourage her customers.
ANSWER

Yes, Ms. Wilson will be successful in a claim for intentional infliction of emotional distress, because the repeated actions on the part of the Hystocks to Ms. Wilson's gallery and the depression and anxiety suffered by Ms. Wilson as a result, will meet the elements of intentional infliction of emotional distress.
FACTS

Two years ago Lori and Ethan Hystock purchased a strip mall on Rt. 3A in Plymouth, Massachusetts and began to make renovations to the units to turn them into art studios and galleries. Eight …show more content…
The Hystocks covering Ms. Wilson's windows and the phone calls made to Ms. Wilson's customers were actions that the Hystocks should have known would have an effect on Ms. Wilson, which the Agis court would find to establish that the Hystocks should have known distress would be the result of their conduct. Agis v. Howard Johnson Co., 355 N.E.2d 315 (Mass. 1976). Ms. Wilson will be able to establish that Mr. and Mrs. Hystock intended to cause emotional distress, or knew or should have known that their actions would cause …show more content…
Wilson's case, the Hystocks repeated action of covering the windows everyday for several weeks after Ms. Wilson not only removed the covers, but also told the Hystocks to stop, would be seen by the George and Boyle courts to be extreme and outrageous. When the Hystocks put up a sign as to the ugliness of Ms. Wilson's pottery and made continued phone calls to Ms. Wilson's customers, and discouraged Hystock customers from shopping at Ms. Wilson's gallery, their actions would meet the standard of extreme and outrageous seen in Boyle. Boyle v. Wenk, 392 N.E.2d 1053, 1055 (Mass. 1979). Ms. Wilson will be able to establish that the Hystocks actions were extreme and
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