Section 18

Citation: Section 18
Parent Document: Mogilevsky v. Keating, 11 Mass. L. Rptr. 332 (2000)
Jurisdiction: Massachusetts (state)
Effective Date: 2000-02-11
Original Source: https://www.courtlistener.com/opinion/8353877/mogilevsky-v-keating/ ↗

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Mogilevsky alleges also that due to the condition of the apartment and the racial comments he was subjected to, he suffered severe emotional distress. (Mogilevsky Amended Complaint ¶57.) Mogilevsky maintains that he was made physically ill and suffered aggravated illness from the lack of heat and other conditions of the apartment. (Id. at ¶22.) Mogilevsky alleges that the Defendants knew that the conditions of the apartment were intolerable and their promises and subsequent refusal for adequate heat may be regarded as “extreme or outrageous conduct” that is “beyond all possible bounds of decency.” See Simon v. Soloman, 385 Mass. 91, 95 (1982) (holding that a landlord who refused to fix a premises that repeatedly flooded could be liable for reckless infliction of emotional distress). Taken as true, the emotional distress caused by living the living conditions and discriminatory treatment is sufficiently alleged by Mogilievsky. Consequently, the Defendants’ motion to dismiss Count X is denied. 8.Pond Realty Trust.

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