Atomic Mushroom should prevail.
6. The plaintiff would have available three possible causes of action related to the same set of facts: the taking of the keys. The first cause of action would be based in conversion. The problem in this approach would be the fact that the defendant's possession of the keys was only momentary and did not result in the plaintiff's suffering complete exclusion from her keys. The second course of action would be to proceed on the basis of intentional infliction of mental distress. Here the problem will be the plaintiff's ability to demonstrate that the defendant's behavior was "extreme and dangerous." As foolish and childish as the defendant's behavior may be whether such behavior raises to the level necessary for recovery for this tort under the law of most jurisdictions is questionable.
The third cause of action would be trespass to a chattel; the chattel being the plaintiff's keys. Here the plaintiff would only have to demonstrate that she was denied use of ther keys for a substantial time in order to prevail. Whether the half hour was a substantial time would be a jury question.
The damages portion of the plaintiff's claim is also highly questionable. Damages are an element of all tort claims and in many jurisdictions the awarding of punitive damages with the demonstration of actual damages is not permissible. There is nothing presented in the instant case to indicate how the plaintiff was injured other than her mere outrage. This may be enough in some jurisdictions as to the conversion and the intentional infliction torts but as to trespass action it would surely be enough as actual damages are not necessary.
The trespass action represents the best available cause of action for the plaintiff. As the question as to whether the trespass was for a substantial time is a question fact and therefore within the province of the jury the Court of Appeals is not likely to overturn the awarding of damages. Courts of Appeal are reluctant to overturn such determination absent compelling evidence to do so. If the Court of Appeals finds that the underlying...
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