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Olivero v. Lowe

995 P.2d 1023 (2000)

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Olivero v. Lowe

Nevada Supreme Court

995 P.2d 1023 (2000)

Facts

Montgomery Lowe (plaintiff) was a contractor in charge of the construction of a new home. Lowe confronted Robert Louis Olivero (defendant), a worker at the construction site, because construction was behind schedule. Olivero brandished a gun, punched Lowe in the face, and threatened to kill Lowe unless Lowe dismantled part of the completed construction. Lowe sued Olivero for assault, battery, and intentional infliction of emotional distress. At a bench trial, Lowe testified that the assault had caused him severe emotional distress but that he had not sought medical or psychological treatment. Lowe testified that the incident caused him to suffer extreme and ongoing nervousness, causing him to abandon his work as an independent contractor. The trial court awarded Lowe $5,000 in compensatory damages for assault and $5,000 in compensatory damages for battery but did not award damages for intentional infliction of emotional distress, reasoning that the damages for assault and battery included any recovery to which Lowe was entitled for emotional distress. Olivero appealed.

Rule of Law

Issue

Holding and Reasoning (Maupin, J.)

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