Whitlock v. Pepsi Ams.
Citation: 40 ELR 20035
No. No. C08-2742, (N.D. Cal., 01/26/2010) A prior decision can be found at 39 ELR 20235
A district court granted defendants’ motion for summary judgment to dismiss personal injury plaintiffs' claim for intentional infliction of emotional distress relating to the improper disposal of hazardous waste. Relying on prior caselaw, the court held that a plaintiff asserting a claim for intentional infliction of emotional distress must show that the defendant’s conduct was directed at that particular plaintiff. It is not enough to show that the defendant knew or should have known that there may be people in the area who might be affected by its conduct. Since plaintiffs failed to submit any evidence showing that defendants’ conduct was directed at them in particular, their claim was dismissed.