Home -> Law Blog Directory -> Personal Injury Law Blogs -> Day on Torts
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Personal Injury Law
: Day on TortsDebt Collector Blamed in Wrongful Death Lawsuit
By John A. Day
Dianne McLeod says a debt collector killed her husband Stanley.
According to CNN, Ms. McLeod alleges that " her mortgage company, Green Tree Servicing, for the wrongful death of her husband. McLeod said she thinks he would be alive if not for the stress caused by Green Tree's debt collectors. She said they sometimes called up to 10 times a day and also called the McLeods' neighbors." Stanley , a heart patient died of heart failure.
The CNN story does not reveal the cause of action being employed in the Florida litigation. In Tennessee, the Supreme Court has ruled that debt collectors may be liable for damages caused if they engage in intentional infliction of emotional distress, as known as the tort of outrageous conduct. The case applying this tort to debt collectors is Moorhead v. J.C. Penny, Co. 555. S.W. 2d 713 (Tenn. 1977). Whether conduct is "outrageous" and whether the conduct caused an injury or death is very much dependent on the facts.
What are the elements of tort of intentional infliction of emotional distress? First, "the conduct complained of must be intentional or reckless". Second, "the conduct must be so outrageous that it is not tolerated by civilized society". Third, "the conduct complained of must result in serious mental injury." A causation requirement is implicit in the third element which necessitates that the misconduct "result in serious mental injury." For a complete discussion of the law in this area in Tennessee, read Doe v. Roman Catholic Diocese of Nashville, 154 S.W.3d 22 (Tenn. 2005).
Full post as published by Day on Torts on December 10, 2009 (boomark / email).
The Mortgage Forgiveness Debt Relief Act
Phantom Income Relief on Debt Cancellation
Collection Agencies and Creditors
How to deal and stop the harassment
Unlawful Retaliation for Sexual Harassment Claim
Title VII retaliatory discharge retaliation requires proof of participation in protected activities
Paxil Lawsuit
Paxil Claims, Lawsuits, and Injuries
Bankruptcy Law
A complete prime (pre-2005)
The Paulson Toxic Mortgage Debt Security Act: The Biggest Government Bailout of All Time
Legislative Proprosal for Treasury Authority to Purchase Mortgage-related Assets
Lighter Blamed in House Fire
Cricket Lighters settles $200,00 wrongful death lawsuit.
Onyx Waste Services
$650,000 payout in wrongful death lawsuit.
Wrongful Death
alleging death was caused by the conduct of negligent defendant.
NASCAR
Undisclosed settlement reached in wrongful death lawsuit.
Algona, WA
$1.8 million settlement reached in wrongful death lawsuit.
Linda Mead
$1.25 million settlement in drunken driving wrongful death lawsuit.

Minnesota is a friendly stateespecially if you are a debt collector.
Confessions of a Debt Collector
Times Piece by Debt Collector and Reports on Other Consumer Issues
Debt collector to pay $32,000 under the Fair Debt Collection Practices Act
Some lightweight tips on dealing with debt collectors
Does The Debt Go Away If I File A Federal Lawsuit Under The FDCPA









