I stand by my argument that a deliberate attempt to humiliate someone that results in significant psychological trauma should be grounds for litigation. That said, with every rule there are definite limitations as to what it is for and how it should be applied, and each case should have the ability to stand on its own merits.
In the two cases you provided, war and the disturbance in the alley, this rule would not apply. It is generally acknowledged that one's presence in a wartime situation will be traumatic at some level. The soldier in a modern, volunteer army will have placed themselves in that situation knowing the potential for harm. Additionally, in this particular arena, soldiers on either side do everything they can to blow up the other guys, and nations recognize this. In the same way no one can be convicted for murdering an enemy combatant in the course of combat, no can should be able to sue for emotional distress resulting from being in a war. As for the case of people getting it on in the alley, one would presume the intent of these people was not to cause harm of any sort to anyone. If someone came before me to say they were traumatized by watching two people engage in consensual adult activities, I would find it difficult to sympathize with that person's argument. There is a massive difference between 'disturbed' and 'damaged', and it is reasonable to assume that most reasonable people would be able to quickly leave this event behind them. Now, if in the second case it were your mother, and she was being forced to do this, and the person did this to get back at you for whatever reason, that's another story. But I have trouble with seeing how either of these cases could be seen as a deliberate attempt to humiliate anyone or cause anyone lasting psychological harm. M -----Original Message----- From: William Wheatley [mailto:[EMAIL PROTECTED] Sent: Monday, July 28, 2003 3:55 PM To: CF-Community Subject: Re: Fat Brat sues Ok let me try to take a Dana type logical approach and dissect your argument ;). And I agree they were trying to embarrass him. So saying because he was traumatized by that he can sue. Can the soliders who sign up for military service and see someone get blown to bits can they sue for emotional distress? What about when my daughter saw someone get murdered if she was emotionally disturbed should she be able to sue the murderer?? If i saw someone having sex in an alley and it disturbed me? I mean of course they can sue but i hope people are not rewarded for being dumbasses. ----- Original Message ----- From: "Haggerty, Mike" <[EMAIL PROTECTED]> To: "CF-Community" <[EMAIL PROTECTED]> Sent: Monday, July 28, 2003 3:37 PM Subject: RE: Fat Brat sues > Bill, I got to disagree with you on this one. I think the actions of > those kids was intended to publicly humiliate this kid and that they > had no right to put that up without his permission. If the kid is > traumatized as a result, he should have the right to sue. This should > be regardless of the fact they made money off the action, the question > is whether or not they hurt this person in some meaningful way. My > take on it is, yes, they did. > > M > > -----Original Message----- > From: William Wheatley [mailto:[EMAIL PROTECTED] > Sent: Monday, July 28, 2003 3:30 PM > To: CF-Community > Subject: Re: Fat Brat sues > > > Sure file a criminal complaint. > > And if they MADE money off it sue, or sue to get it removed but this > emotional distress crap has gotten way out of hand. People can't deal > with life so they have to get money to get comfort. The problem is > even spreading to canada now :) Oh boy that can be the american legacy > a bunch of whiney people who gotta sue for everything. > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Archives: http://www.houseoffusion.com/cf_lists/index.cfm?forumid=5 Subscription: http://www.houseoffusion.com/cf_lists/index.cfm?method=subscribe&forumid=5 Get the mailserver that powers this list at http://www.coolfusion.com Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5
