State Rubbish Collectors Association v. Siliznoff
Citation: 38 Cal. 2d 330 (1952)
Facts
A rubbish collectors association threatened Siliznoff with severe consequences (beating, injury to his truck, expulsion from the business) if he did not join and pay tribute. Siliznoff became seriously ill from the resulting distress and sued for emotional harm.
Issue
Can a plaintiff recover for intentional infliction of emotional distress without also suffering a contemporaneous physical impact or physical injury?
Holding
Yes. Recovery for intentional infliction of severe emotional distress is available even without physical impact or physical injury, as long as the emotional harm is severe and the defendant’s conduct was outrageous and intended (or substantially certain) to cause distress.
Rule
IIED — independent tort: Intentional infliction of emotional distress is a recognized cause of action independent of physical injury. The elements are: (1) outrageous conduct by the defendant, (2) intentional or reckless infliction of emotional distress, (3) severe emotional distress, and (4) causation. Physical harm is not required.
Significance
- Early California Supreme Court case (Traynor opinion) recognizing IIED as a stand-alone tort
- Formed part of the intellectual foundation for the Restatement (Second) of Torts § 46 (adopted in 1965)
- Before Siliznoff and similar cases, courts required a physical impact or battery as a predicate for emotional distress recovery
- The “outrageous” conduct standard is the key limiting principle — not all offensive or hurtful conduct qualifies