Cutler v. Klass, Whicher & Mishne

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting narrow exception to traditional rule in the case of jails or hospitals
• “it is for the court to determine in the first instance, as a matter of law, whether the conduct complained of may reasonably be regarded as outrageous.”
• peculiar susceptibility because of physical or mental condition is factor to consider, but major outrage is always crucial element
• court decides as a matter of law whether conduct may reasonably be considered outrageous
• “Peculiar susceptibility, by reason of physical or mental condition of the person affected, is a factor in considering whether conduct is outrageous, although ‘major outrage’ is always the crucial element of the tort.”
• “Traditionally suicide has been considered an intentional or intervening act for which the tortfeasor cannot be held responsible”—noting exception “where the decedent is confined in a hospital or jail.”

Source: CourtListener parenthetical corpus (CC0).