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Taylor v. Vallelunga | 339 P.2d 910 (1959)

In the United States, most states recognize an independent cause of action for the intentional infliction of emotional distress, or IIED. To be liable for IIED, a person, through extreme and outrageous conduct, must intentionally or recklessly cause another to suffer severe emotional distress. In the 1959 case Taylor versus Vallelunga, a California court of appeal considered whether a woman had a cause of action for IIED after witnessing the brutal beating of her father.

On December 25th, 1956, Vincent Vallelunga and a friend struck and beat Clifford Gerlach, causing Gerlach to suffer bodily injuries. At the time, Gerlach’s daughter, Gail Taylor, was present and witnessed the beating.

Subsequently, Gerlach and Taylor sued Vallelunga and the friend in superior court. In the second count of their complaint, Taylor alleged that she suffered severe emotional distress as a result of witnessing the beating and was entitled to damages based on IIED. Taylor didn’t allege that Vallelunga or the friend intended to cause her severe emotional distress. In addition, Taylor didn’t allege that she suffered any physical disability or injury resulting from the mental distress.

In response, Vallelunga and the friend filed a demurrer, or motion to dismiss, claiming that Taylor failed to state a cause of action based on IIED. The superior court agreed and granted the demurrer but gave Taylor ten days to file an amended complaint. When Taylor failed to amend her complaint, the superior court entered judgment dismissing the second count. Taylor then appealed the decision to the District Court of Appeal of California, First District.

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