Gefter v. Rosenthal

119 A.2d 250, 384 Pa. 123, 1956 Pa. LEXIS 536

• Court: Supreme Court of Pennsylvania
• Decided: January 12, 1956
• Docket: Appeal, 335
• Status: Published

Opinions

Opinion by

Mr. Justice Bell,

Plaintiff brought an action in trespass to recover damages for the humiliation and mental suffering he alleged he received because at a dinner celebrating his 25th wedding anniversary, his guests were charged a 15^ tip for each coat checked. Plaintiff had ehtered into a written agreement with the caterers that he would pay defendants 15^ per coat checked, and there would be no tipping for cloakroom services. Plaintiff claimed that defendants’ wanton and intentional violation of their written agreement and their charge of 15<i per coat checked, caused him, we repeat, humiliation and mental suffering to the extent of f15,000., plus |5,000. punitive damages. Plaintiff did not bring assumpsit nor was there any claim of physical injuries. This was damnum absque injuria.

There can be no recovery for humiliation, disappointment, anxiety, or mental suffering, or emotional distress when unconnected with physical injury or physical impact: Potere v. Philadelphia, 380 Pa. 581, 112 A. 2d 100; Hess v. Philadelphia Transportation Co., 358 Pa. 144, 56 A. 2d 89; Huston v. Freemansburg Boro., 212 Pa. 548, 61 A. 1022.

The defendants’ preliminary objections to plaintiff’s amended complaint were properly sustained.

It is not necessary to decide whether damages can be recovered for mental suffering arising out of a wanton and reckless breach of contract for the carriage or proper disposition of dead bodies or for breach of a contract for the delivery of death messages and similar contracts, since these cases can have no application or relevancy to the case at issue.

Judgment affirmed.