FACTS
Camran Durham filed an intentional infliction of emotional distress lawsuit against his former employer, McDonald’s in Oklahoma. As he was denied three requests by McDonald’s manager which was his supervisor to take his prescription anti-seizure medication. After the denial of the last request the manager called him “f…ing retard”. Durham alleged that the refusals by the manager caused him to fear that he would suffer a seizure which made leave the work and not return. The federal court determined that the manager’s behavior was “not severe.”
ISSUE
Did the manger denial of taking the anti-seizure medication caused Durham to suffer an extreme emotional distress?
HOLDING
Yes, as he