· 6/1/1995
Beavers v. Johnson Controls World Services, Inc.
Citations
- 901 P.2d 761
- 120 N.M. 343
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that not every intentionally caused harm gives rise to a cause of action in prima facie tort
- stating that both the appellate court and the trial court use the same balancing test to determine if the claim should be submitted to the jury
- holding the malice element to be satisfied where the plaintiff’s supervisor subjected her to “significant emotional distress” by, among other things, “ridiculing and demeaning her before other employees”
- affirming prima facie tort claim, although the defendant’s conduct fell outside the perimeters of a claim for intentional infliction of emotional distress
- balancing the nature and seriousness of the harm, the nature and significance of the actor’s conduct, the character of the means used, and the actor’s motives
- limiting recovery under a theory of prima facie tort to “cases in which the plaintiff’s harm is of such a nature and seriousness that legal redress is appropriate”
Source: CourtListener parenthetical corpus (CC0).
Judges: Donnelly, Alarid, Bustamante
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.