Legal Question in Personal Injury in New Jersey

Seeking compensation for intentional infliction of emotional distress

I need to talk to an old friend about an issue that involved her and I last summer. I do not have any mental illness now, although last summer I had clinical depression and cheated on my girlfriend with her because I thought it would help me. This caused my depression and anxiety to skyrocket and I suffered all year because of it. A huge issue I have is that I believe I could have prevented that incident last summer, thus preventing the pain I suffered after it. I need to ask her questions about the incident to see if I could have prevented it from happening in the first place, like what mindset she was in at the time etc. She will not talk to me despite my many requests. I have told her this is causing me a lot of anxiety and I am having anxiety attacks over it and she still refuses to have a 10 minute conversation with me over the phone. I have suffered with this anxiety all summer because of this. I have had to see my psychiatrist and counselor because of this problem and I also had to go a hospital one morning because of an extreme anxiety attack. I wish to sue this girl for intentional infliction of emotional distress because she knows what I am going through and I need something so simple to get better. Do I have a case?


Asked on 8/23/07, 12:18 am

3 Answers from Attorneys

Alani Golanski Alani Golanski, Esq.

Re: Seeking compensation for intentional infliction of emotional distress

From what you say, no you don't, not at all. Your friend is under no legal obligation to speak with you about a prior, consensual relationship or encounter. Your emotional distress is not her issue, or her problem. In fact, my intuition is that your continued attempts to contact this friend, and your threats of suing, may provide her with a case against you, since you are the one aggressively contacting her and pursuing a matter she does not wish to discuss.

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Answered on 8/23/07, 3:40 am
Joseph Grassi Barry, Corrado, Grassi & Gibson, PC

Re: Seeking compensation for intentional infliction of emotional distress

Second opinion - What the other guy said is right. Sue her? What makes you think you no longer have a mental illness?

If you don't leave her alone, she may seek a restraining order. What does your doctor think? My intuition tells me he or she thinks that you had better give up, because if you got her to relent, you might suddenly have a relapse and repeat your behavior. G

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Answered on 8/23/07, 10:29 am
Daniel Cevallos Cevallos & Wong, LLP

Re: Seeking compensation for intentional infliction of emotional distress

Congratulations. I have answered several hundred of these LawGuru questions, and yours is officially the most ridiculous I have ever fielded. Your ex-girlfriend is not obligated to fix your mental illness or help you, or respond to you. You have zero case, no case whatsoever. The only case here is hers against you for harassment and possibly emotional distress. I recommend you stop calling her immediately, and work out your problems on your own.

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Answered on 8/23/07, 10:50 am


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