Wilkinson v. Downton – Case Brief
Wilkinson v. Downton, 2 Q.B. 57 (1897).
Facts: As a practical joke, Downton told Wilkinson that her husband had been seriously injured in an accident and was lying in a ditch with broken bones. Downton told Wilkinson that she was to bring two pillows to help carry him home. The effect of Downton’s statement was a violent shock to her nervous system resulting in weeks of suffering and incapacity. P sued D for damages resulting from her injuries and the jury found in favor of P. D appealed on the grounds that the damage caused was merely nervous shock and P had no cause of action.
Issue: Can outrageous conduct that causes physical harm or mental distress give rise to a cause of action?
Holding and Rule: Yes. In this case D willfully performed the act which cause harm to P. The court held that there was little doubt that D’s actions would harm P and it therefore must be assumed that D intended to produce these effects.
Disposition: Affirmed.