Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
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I am sorry for your situation.Can I be sued over all of this?
Likely not. To sue someone, your neighbor has to prove a "cause of action" for a suit, or at least harassment for a restraining order.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence
," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.
Here, there is nothing of the sort. The bike has been okay'd by the authorities and is within legal parameters then, I am guessing.
Nor is simply calling an leaving an angry message basis enough for a suit. Here, you are asking about the cause of action of "intentional infliction of emotional distress
." In a case for intentional infliction of emotional distress, a plaintiff must prove (1) that the defendant intended to cause the plaintiff serious emotional distress, (2) that the defendant's conduct was extreme and outrageous, and (3) that the defendant's conduct was the proximate cause of plaintiff's serious emotional distress. See Reamsnyder v. Jaskolski (1984),XXXXX3d 150, 10 OBR 485, 462 N.E.2d 392
. This is simply not the case here. You only left a voice-mail; you did not threaten to kill them. Her health issues are an overreaction due to her own sensitivity and possibly other health issues.
According to Ohio Rev. Code § 2903, for a restraining order, the following is necessary:
Orally threatening ;
Making harassing phone calls;
Sending threatening or harassing letters;
Hurting pets; or
Any other pattern of conduct that a stalker uses to frighten you or cause mental distress.
Obviously, this is not happening here, either.
Ergo, his attorney may send you a threatening letter (if that, even), but at this point, it sounds like he really has no suit.
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