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Gomez v. Hug

7 Kan. App. 2d 603 (1982)

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Gomez v. Hug

Kansas Court of Appeals
7 Kan. App. 2d 603 (1982)

KL

Facts

Silvino Gomez (plaintiff), a supervisor at a fairground, went into his bosses’ office, and Roland Hug (defendant), a member of the board of county commissioners (the board) (defendant), was in the office. Hug was considered Gomez’s employer and held a position of authority over Gomez. Hug berated Gomez using racial slurs and profanity and raised his fist in a threatening manner. The interaction lasted from five to 15 minutes. Hug had previously used abusive language toward Gomez in the days leading up to the interaction. After the interaction, Gomez experienced medical problems that his physicians attributed to the interaction with Hug. Gomez sued Hug and the board for intentional infliction of emotional distress. Hug and the board filed a motion for summary judgment, which the trial court granted. Gomez appealed to the Kansas Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Wahl, J.)

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