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Torts Keyed to Henderson
Coblyn v. Kennedy’s, Inc.
Citation:
359 Mass. 319, 286 N.E.2d 860 (1971)Facts
On March 5, 1965, the plaintiff went to Kennedy’s, the defendant store, in Boston. The plaintiff was 70 years old and about 5’4 in height, wearing a woolen shirt that was open at the neck, a topcoat, and a hat. He also wore an ascot purchased elsewhere around his neck, and he removed this ascot, the hat, and the topcoat. He purchased a sport coat and left it for alterations, putting his hat and coat back on. He then stopped and knotted the ascot around his neck. As he did so, an employee of the defendant stopped him and grabbed him by the arm, under the belief that the plaintiff had stolen the ascot. The plaintiff agreed to go back into the store but was suffering from chest and back pains. The store manager confirmed that he had not stolen the ascot and was concerned by the plaintiff’s sickly appearance, so he took him to the nurse. As a direct result of the encounter in the store, the plaintiff was hospitalized and treated for a myocardial infarct.
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Topic Resources
Topic Outline
Intentional TortsTopic Refresher Course
Intentional Infliction of Emotional Distress