Legal Question in Entertainment Law in California
i was recently going to box at a local exibition for my childs gym, my son got very ill and had some severe dental work done due to a gum infection he had preventing me from training or sleep. i didnt sign anything saying i would box it was pretty much a word conversation that was agreed upon by both partys. That evening i showed up to this event as a spectator & to give an explenation. I was told by a worker there that i had to leave he said it in front of some people i knew it was very embarrasing. he said if i wasnt going to box it wasnt fair for me to be there so i was taken out of the event this event took place at our local police athletic league & was open to the public. Do you think i have a case?
2 Answers from Attorneys
About being embarrassed, there is something called intentional infliction of emotional distress (IIED). But note you were potentially going to fight in a boxing match....thus whether you have a case on that remains to be seen as there has to be outrageous conduct and the specific intent to inflict it by the person. Also it usually involves people of power abusing their position when there is a relationship, like employee-employer, attorney-client, etc. Thus did the speaker know you would feel humiliated? and is it outrageous or trivial to you?
California has long recognized the right to recover damages for the intentional and unreasonable infliction of mental or emotional distress which results in foreseeable physical injury to plaintiff.
California courts have also acknowledged the right to recover damages for emotional distress alone, without consequent physical injuries, in cases involving extreme and outrageous intentional invasions of one's mental and emotional tranquility. (State Rubbish etc. Assn. v. Siliznoff (1952) 38 Cal.2d 330, 336-337)
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