Turner v. Wong
New Jersey Superior Court, Appellate Division
832 A.2d 340 (2003)
- Written by Ross Sewell, JD
Facts
Delois Turner (plaintiff) filed a complaint of intentional infliction of emotional distress (IIED) against Nancy Wong (defendant) for racial slurs uttered against her. Turner, an African American, purchased a donut from Wong’s donut store. Turner tasted the donut, complained that it was stale, and requested a new one. Wong refused Turner’s request and insisted that Turner had to pay first. Turner would not pay for the stale donut and demanded that Wong give her a new one first. Wong then repeatedly called Turner a racial slur three or four times in front of other white patrons in the store. Wong then told Turner to get out of her store and pointed to the door. After the incident, Turner was “embarrassed, shocked, mortified, hurt, angry and humiliated” but she did not seek medical, therapeutic, or psychiatric treatment. Turner also alleged that she lost her self-esteem. After discovery, Wong moved for summary judgment. The court found that Turner did not prove that she suffered severe emotional distress and dismissed her claim for IIED. Turner appealed the summary judgment dismissal.
Rule of Law
Issue
Holding and Reasoning (Parrillo, J.)
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