Zobler v. Windward Travel Center

42 Pa. D. & C.3d 119, 1986 Pa. Dist. & Cnty. Dec. LEXIS 273
CourtPennsylvania Court of Common Pleas, York County
DecidedMarch 13, 1986
Docketno. 85-SU-4847-01
StatusPublished

This text of 42 Pa. D. & C.3d 119 (Zobler v. Windward Travel Center) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, York County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zobler v. Windward Travel Center, 42 Pa. D. & C.3d 119, 1986 Pa. Dist. & Cnty. Dec. LEXIS 273 (Pa. Super. Ct. 1986).

Opinion

RAUHAUSER, JR., J.,

This matter is before the court on defendant’s, Windward Travel Center’s preliminary objection in the nature of a motion to strike and a demurrer to plaintiffs’ causes of action of intentional infliction of emotional distress, negligent infliction of emotional distress, and plaintiffs claim for punitive damages.

Plaintiffs allege the following:

On September 2,0, 1985, plaintiffs, Joseph V. Zobler and Rebecca E. Zobler, contracted with defendant, Windward Travel Center, for defendant to provide travel and overnight accommodations for plaintiffs’ honeymoon for $2,872. This amount was paid to defendant by plaintiffs. Defendant told plaintiffs to call defendant’s place of business on October 22, 1985 to receive their tickets for air fare, vouchers, and information concerning their honeymoon tour.

On October 22, 1985, plaintiffs called defendant but defendant did not deliver to plaintiffs the appro[120]*120priate air fare tickets and accommodation vouchers. However, defendant directed plaintiffs to proceed according to the itinerary and defendant promised to deliver the airplane tickets to the Baltimore National Airport.

When plaintiffs arrived at the Baltimore National Airport for their scheduled flight from Baltimore to San Francisco, plaintiffs’ flight tickets were not available. Plaintiffs were required to pay the airline for the tickets, which they had already'paid for to defendant in the sum of $932.

The exact allegations of plaintiffs are:

That plaintiffs further allege that defendant negligently, carelessly refused to accommodate and assist them and breach their contract with plaintiffs thereby causing damages in the form of mental anguish, inconvenience and suffering for which plaintiffs demand compensation.

That by virtue of the breach of contract and negligence of defendant, plaintiffs have been required to borrow funds against their master, charge account and have paid and will continue to pay interest at the rate of 19.8 percent upon the sum which they have been required to double pay in the amount of $932 so that plaintiffs demand interest upon said principal sum in the amount of 19.80 percent and reimbursement as damages.

That defendants by virtue of their gross negligence and error have fraudulently withheld funds from plaintiffs and by virtue thereof plaintiffs claim entitled to punitive damages from defendant.

The' first question presented is whether defendant’s preliminary objection in the nature of a demurrer should be granted. This answer depends upon whether or not plaintiffs’ complaint is “clearly insufficient” to establish plaintiffs’ right to relief.

[121]*121A demurrer can only be sustained where the Complaint is clearly insufficient to establish the pleader’s right to relief. Allegheny County v. The Commonwealth of Pennsylvania, 507 Pa. 360, 490 A.2d 402 (1985) (citing Firing v. Kephart, 466 Pa. 560, 363 A.2d 833 (1976)).

For the purpose of testing the legal sufficiency of the challenged pleading, a preliminary objection in the nature of a demurrer admits as true all well pleaded material, relevant facts and every inference deducible from these facts. Id. at 372, 409, A.2d at 408 (citing Savitz v. Weinstein, 395 Pa. 173, 149 A.2d 110 (1959); Hoffman v. Misericordia Hospital of Phila., 439 Pa. 501, 267 A.2d 867 (1970)).

Since the sustaining of a demurrer results in a denial of the pleader’s claim by a dismissal of his suit, a preliminary objection in the nature of a demurrer should be sustained only in cases that clearly and without a doubt fail to state a claim for which relief may be granted. Id. at 372, 409 A.2d at 408.

If the facts as pleaded state a claim for which relief may be granted under any theory of law, then there is sufficient doubt to require the preliminary objection in the nature of a demurrer to be rejected. Id. at 372, 490 A.2d at 408.

In the instant case, defendant’s preliminary objection in the nature of a demurrer will be granted as to plaintiffs’ causes of action for intentional infliction of emotional distress, negligent infliction of emotional distress and plaintiffs’ claim for punitive damages.

Re: Intentional Infliction Of Emotional Distress As To The Defendant Windward Travel Center.

Plaintiffs allege that defendant negligently and carelessly refused to accommodate plaintiffs thereby causing damages in the form of mental anguish [122]*122and suffering. No facts alleged in plaintiffs’ complaint directly state an action for intentional infliction of emotional distress, but we are addressing that possibility in case plaintiffs intended somehow to so plead, this cause of action although the language is far from clear.

This conclusion is not sustained by plaintiffs’ pleading as above reviewed.

An action for intentional infliction of mental or emotional distress has been recognized in Pennsylvania. See Papieves v. Lawrence, 437 Pa. 373, 263 A.2d 118 (1970); Bartanus v. Lis, 332 Pa. Super. 48, 480 A.2d 1178 (1984); Banyas v. Lower Bucks Hospital, 293 Pa. Super 122, 437 A.2d 1236 (1981); Jones v. Nissenbaum, Rudolph, and Seidner, 244 Pa. Super, 377, 368 A.2d 770 (1976); See also, Chuy v. Philadelphia Eagles Football Club, 595 F.2d 1265 (3rd Cir. 1979); Beidler v. W.R. Garie, 461 F. Supp. 1013 (E.D., Pa. 1978) affd. 609 F.2d 500 (3rd Cir. 1979) (applying Pennsylvania law).

Section 46 of the Restatement' (Second) of Torts (1979) sets forth the basic elements of this cause of action: .

“(1) One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm.
(2) Where such conduct is directed at a third person, the actor is subject to liability if he recklessly causes severe emotional distress
“(a) to a member of such person’s immediate family who is present at the time, whether or not such distress results in bodily harm, or
(b) to any other person who is present at the time, if such distress results in bodily harm.”

[123]*123In Papieves, the Pennsylvania Supreme Court relying in part on Section 46 of the Restatement (Second) of Torts, determined that an individual is entitled to protection from mental distress directly caused by wanton and outrageous conduct. Papieves v. Lawrence, supra, at 378, 263 A.2d at 121.

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Related

Urban v. Urban
481 A.2d 662 (Supreme Court of Pennsylvania, 1984)
Firing v. Kephart
353 A.2d 833 (Supreme Court of Pennsylvania, 1976)
Bartanus v. Lis
480 A.2d 1178 (Supreme Court of Pennsylvania, 1984)
Banyas v. Lower Bucks Hospital
437 A.2d 1236 (Superior Court of Pennsylvania, 1981)
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Beidler v. W. R. Grace, Inc.
461 F. Supp. 1013 (E.D. Pennsylvania, 1978)
Jones v. Nissenbaum, Rudolph & Seidner
368 A.2d 770 (Superior Court of Pennsylvania, 1976)
Savitz v. Weinstein
149 A.2d 110 (Supreme Court of Pennsylvania, 1959)
County of Allegheny v. Commonwealth
490 A.2d 402 (Supreme Court of Pennsylvania, 1985)
Sinn v. Burd
404 A.2d 672 (Supreme Court of Pennsylvania, 1979)
Weingrad v. Byberry State Hospital
363 A.2d 833 (Commonwealth Court of Pennsylvania, 1976)
Feld v. Merriam
461 A.2d 225 (Superior Court of Pennsylvania, 1983)
Hoffman v. Misericordia Hospital
267 A.2d 867 (Supreme Court of Pennsylvania, 1970)

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42 Pa. D. & C.3d 119, 1986 Pa. Dist. & Cnty. Dec. LEXIS 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zobler-v-windward-travel-center-pactcomplyork-1986.