Harvey and Marsha KAZATSKY, h/w, Appellants, v. KING DAVID MEMORIAL PARK, INC., Appellee, 515 Pa. 183

Summary

The husband and wife sought to recover for intentional infliction of emotional distress caused by the cemetery company's failure to care for the gravesite's of appellants' deceased infants and by the company's demands for payments in addition to the purchase price of the plots. The lower court granted the company's motion for compulsory nonsuit. On appeal, the court upheld the judgment of the lower court. The court determined that to recover damages for severe emotional distress caused by the intentional or reckless extreme and outrageous conduct of another, the existence of the alleged emotional distress had to be supported by competent medical evidence at the very least. The court found that the evidence adduced did not establish a right of recovery because appellants presented no expert testimony and never sought any medical assistance. The court also found that the only evidence presented concerning the alleged injuries was appellants' own unsubstantiated averments.