Louis Caselli
v.
Dennis Edward Borchers
Appellee
Louis Caselli
Appellant
Dennis Edward Borchers
Attorney for the Appellee
Paul L. Macek
Attorney for the Appellant
Jack E. Dusthimer
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge. REVERSED AND REMANDED. Heard by Tabor, P.J., Buller, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (11 pages)
Louis Caselli brought suit against Dennis Borchers, claiming Dennis intentionally inflicted emotional distress on him when Dennis engaged in multiple sex acts with Louis’s wife who is also Dennis’s biological daughter. A jury found Dennis liable and awarded Louis $701,000 in damages. On appeal, Dennis argues (1) Louis failed to state a claim that entitled him to relief; (2) as a matter of law, his alleged conduct was not “outrageous,” and there was not substantial evidence he intentionally caused, or recklessly disregarded the likelihood of causing, severe or extreme emotional distress to Louis; (3) the district court should have sustained his objections regarding marital privilege and the testimony of his wife, Teresa; and (4) the court erred when overruling several hearsay objections. OPINION HOLDS: Because, even viewing the evidence in the light most favorable to Louis, there is not substantial evidence Dennis intentionally caused Louis emotional distress or acted with reckless disregard of the probability of causing Louis emotional distress, the district court should have granted Dennis’s motion for directed verdict. We reverse the judgment and remand for entry of judgment in Dennis’s favor.
