Case brief summary
Rude or angry words, even upsetting ones, usually don't let someone win a lawsuit unless they count as an assault, a real threat of harm, or there's a special duty, like between a company and customer.
Facts
A night telephone operator failed to connect a man's call. He cursed and threatened to break her neck if he were there. She became scared, lost sleep, and struggled answering his calls afterward.
Procedural history
The trial court allowed the case to go forward over the defendant's objection that the complaint did not state a valid legal claim, and a jury awarded the operator 2,000 dollars. The defendant appealed to the South Carolina Supreme Court.
Issue
Can a person recover money damages for emotional distress caused only by someone else's abusive and threatening words spoken over the phone, when there was no physical attack and no special relationship like that between a company and a customer?
Holding
The court reversed the judgment, ruling that the operator did not have a valid legal claim because the words used were not a real threat and no special duty existed between the two people.
Reasoning
The court said angry words alone usually aren't lawsuit-worthy since people can speak without truly meaning harm. Companies owe customers special protection, but these two had no such relationship, and his threat wasn't real since he wasn't present.
Opinions
Majority (Justice Hydrick): Mere abusive or threatening words, without an assault or a special duty between the parties, are not legally actionable, so the judgment for the operator is reversed.