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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 4006
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I want to know if I have an emotional abuse case? I meet a

Customer Question

I want to know if I have an emotional abuse case? I meet a man at wrk 71/2 yrs ago,he lied and munipulated me believing he lived wth his mother and that he was getting a divorce and because of his family we had to wait to b together.His son wrks there to.Then his father became ill which made for another excuse,not to b with me.we only seen each other at wrk he would spend the night only during the wk. 5yrs into it he came and moved in a co wrker called and talked to him the next morning he moved out come to find out he had been living wth someone everyone at wrk knew but me even my bosses.so the next yr was a nightmare he continued to come to my house telling me he loved me bringing me roses etc...I could not understand then why he was still not wth me so as time went on nd me believing him he lived an hr nd half away i would go to see where his car was because nothing he said made sense.finally after therapy missing wrk almost being fired,not eating sleeping being able to concentrate I was an emotional mess in tears all the time from the pain and humaliation he caused me.I tried to stay away he would leave roses on my truck..for a wk straight he came to my house leaving me flowers earrings cards.so he got a co wrker to beg for another chance so in my state of mind I allowed him to munipulate me again still no interaction with his family always excuses. he text me everynite i love u ..would come over to my house,I would cry and beg askin him if he loved me why r u not with me then? always munilulation and lies..So again I find out he is back wth this women because i drove there and his car was there so i knocked on the door .because me and the other women had communicated in the past.just told her he is still lying etc ...then she asked me to leave so I did. sent her a message on fb wth all the lies because we both have the right to know.but wht he has done to me is horriable to have the life drained from you again knowing the harm ur going to cause that person.so I Feel as though he he has emotionaly abused me for 71/2 yrs. what is your legal opintion?
Submitted: 2 years ago.
Category: Legal
Expert:  Zachary replied 2 years ago.

Zachary D. Norris :

Hi,

Zachary D. Norris :

I will answer your questions. Please allow me some time to read through what you've written here.

Zachary D. Norris :

Let me know if you are there.

Zachary D. Norris :

Since I haven't heard back from you, I'm going to switch to a different format that will allow me to answer your question while you are away from the computer. It is not an instant message format, but we will still be able to have a dialogue. Please stand by for my first message.

Zachary, Attorney
Category: Legal
Satisfied Customers: 4006
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 7 other Legal Specialists are ready to help you
Expert:  Zachary replied 2 years ago.
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Customer: replied 2 years ago.

I just think he played with my life my heart my feelings and never let up in my emotional state of my I was madly in love wth him

Customer: replied 2 years ago.
there was so much emotional abuse and when u love someone u want to believe they r telling the truth but has has been lies....today he kissed me goodmorning said i love u held my hand up to the morning meeting...kisses all day love you ...i would ask him a question about why r u not here wth me wrking things out ..lies i promised (his dead father) I would take care of my mother Iam waiting on her to retire then iam moving out..i would never hurt you i love you...we will always b together this was everyday.
Expert:  Zachary replied 2 years ago.
I'm very sorry to hear about your situation. It sounds like you have had a very very troubled relationship with this man. There is no doubt about it, you are the victim of emotional abuse and manipulation.

That being said, whether you have what is called a legal cause of action against this man is a different question. Sometimes the law does not cover acts that may be immoral or psychologically cause damage when they do not reach a certain level of criminal moral turpitude of or unreasonably harmfulness. The law draws that line at a very straightforward manner. When a person inflicts emotional harm on another, that person is only liable for the economic harm and pain and suffering caused by the emotional harm if the action was done either in breach of a duty or in connection with a crime.

The fact pattern you have presented potentially triggers three different causes of action: 1) Fraud, 2) Negligent Infliction of Emotional Distress, and 3) Intentional Infliction of Emotional Distress.

To prove a fraud one must show:
(1) that the defendant made a false
representation to the plaintiff, (2) that its
falsity was either known to the defendant or
that the representation was made with
reckless indifference as to its truth, (3)
that the misrepresentation was made for the
purpose of defrauding the plaintiff, (4) that
the plaintiff relied on the misrepresentation
and had the right to rely on it, and (5) that
the plaintiff suffered compensable injury
resulting from the misrepresentation.

Negligent Infliction of Emotional Harm is not a cause of action recognized by the Maryland courts.

Intentional Infliction of Emotional Distress is very difficult to establish under Maryland personal injury law.
In order to prove a prima facie case of IIED in Maryland, the Plaintiff must show:
1. That the conduct was intentional or reckless;
2. The conduct is extreme and outrageous;
3. There is a causal connection between the wrongful conduct and the emotional distress;
4. The emotional distress is severe.
To meet the fourth element, the emotional distress must be “severely disabling,” such that “no reasonable man could be expected to endure it.” Being “upset” and “embarrassed” is not sufficient to show severe emotional distress. Evidence that the Plaintiff could continue with his normal life activities or that he did not seek professional treatment can show that the distress is not “severe.”
In Green v. Shoemaker, the Maryland Court of Appeals determined that a plaintiff cannot recover for emotional distress unless a “physical injury” results from the tort. Later, the court expanded a “physical injury” to include injuries “manifested by an external condition or by symptoms clearly indicative of a resultant pathological, physiological, or mental state.” The physical injury can be proven through evidence of an “external condition or by symptoms of a pathological or physiological state.” Also, it can be proven through evidence that indicates a “mental state.” However, medical testimony is not required in order to show mental distress.

Under Fraud as well, for emotional distress to qualify as a compensable injury, there must be a physical manifestation as a result. You probably will have issues showing that the emotional distress was at the compensable level. I say this not to down play your feelings, but to give you an understanding of what kind of challenge this type of claim presents to you.

You might also have a difficult time proving that his behavior, while wrong, was not extreme and outrageous. People have affairs and cheat on their spouses and lie to each other about it. While it is wrong, I have not found any case which would support this as the type of behavior that is applicable under these causes of action.

Again, I hope you understand that I am not making light of your feelings and do believe that this man did not do right by you. However, based on these facts, you do not have a legal claim against him.

Please let me know if you have further questions, need more explanation, or have other facts which should be considered.

-ZDN

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