Review of Almy v. Grisham Essay Example

at which time she become aware that the defendants had obtained the handwriting samples from her child’s confidential administrative records. Almy then suffered a setback and relapsed into a depressive state. Upon filing her motion for judgment in February 2004, the defendants responded accordingly with demurrers asserting that the plaintiff had failed to state a cause of action in the motion.

Procedural History

This appeal arises from the Circuit Court of Albemarle County, Virginia. There Judge Designate William R. Shelton sustained the defendant’s aforementioned demurrers; thereby denying the plaintiff’s motion for judgment against the defendants. Plaintiff appealed in light of the unfavorable ruling.

Issues

(1)  Did the Circuit Court err in sustaining defendant’s demurrers?

(2)  Did the plaintiff sufficiently allege elements of intentional infliction of emotional distress against the defendants?

(3)  Did the plaintiff sufficiently allege that the handwriting experts recklessly engaged in conduct that was intended to harm her?

(4)  Did the plaintiff properly allege conspiracy to inflict severe emotional distress?

Judgment

(1)  Plaintiff sufficiently alleged elements of intentional infliction of emotional distress; thereby placing the court in error of denying the demurrers.

(2)  Plaintiff failed to sufficiently allege intentional or reckless conduct on the part of the handwriting experts.

(3)  Plaintiff cannot assert a cause of action for civil conspiracy to inflict severe emotional distress.