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George v. Jordan Marsh Co.
Citations: 2 Mass. App. Ct. 848; 312 N.E.2d 216; 1974 Mass. App. LEXIS 789
Court: Massachusetts Appeals Court; June 7, 1974; Massachusetts; State Appellate Court
The action involves a tort claim for the intentional infliction of emotional distress. A prior ruling by the Supreme Judicial Court recognized the plaintiff's cause of action, reversing an order that sustained a demurrer to her declaration (George v. Jordan Marsh Co. 359 Mass. 244 (1971)). After a subsequent trial, the jury ruled in favor of the defendant. The plaintiff's appeal centers on the exclusion of a letter sent by her attorney to the defendant. This letter claimed the defendant's actions were harassing and detrimental to the plaintiff's health. While the plaintiff acknowledged the letter was not admissible for its truth, she argued it was relevant to demonstrate the defendant's awareness of her health issues and that their conduct was extreme and outrageous. However, the court found that the plaintiff did not restrict her offer of the letter to this limited purpose and presented it without clarification. Legal precedent dictates that it is the responsibility of counsel to clearly articulate the basis for admitting evidence. Consequently, the court deemed the exclusion of the letter appropriate. The exceptions raised by the plaintiff were overruled.