A state court judge in Connecticut has sided with Pop Warner Football in a case in which it was sued by a father, who claimed that various team officials committed intentional infliction of emotional distress when they called his son names in an attempt to motivate him.
In granting the defendant’s motion for summary judgment, the court wrote that the boy “did not suffer distress so severe that no reasonable man could be expected to endure it.”
Pasquale Civitella, on behalf of his minor son, Joseph Civitella, filed the lawsuit on October 15, 2009, naming Pop Warner Football Team of Shelton, Connecticut, Inc., Anthony Branca, Frank Camerino, and Edward Brighindi as defendants.
He alleged that on various dates, in both practices and at games, Branca (the head coach) called Civitella names, such as “Italian bastard,” “prick,” “you suck,” “you are shit for brains,” “son of a bitch,” “you are a fool,” and “you are an idiot.” Civitella claimed he was called the names in front of his teammates.
“After the incidents, Civitella was angry, upset and depressed,” wrote the court, citing the complaint. “Those emotions lasted anywhere from a day to a week. Civitella denies any lasting depression, but claims to be still angry over the events. While Pasquale Civitella claims his son has become withdrawn, depressed and has sought assistance from clergy, his son has not sought any medical treatment, psychological treatment or other counseling. When asked whether he needed help or treatment, Civitella ‘did not feel there was a need for it.’ Other than claiming to be still angry, Civitella related no lasting effects from the incidents.
“Civitella still participates in interscholastic athletics, including football, lacrosse and track and field at St. Joseph’s High School. His intention is to continue his education in college. He enjoys several hobbies, including ‘hanging out’ with his girlfriend and several other friends, watching sports, movies, weight lifting, working out and working on cars. His grades suffered no appreciable difference from before or after the incidents.”
Thus, the defendants argued that the plaintiff “cannot establish the necessary elements for the claim of intentional infliction of emotional distress,” which are: “(1) that the actor intended to inflict emotional distress or that he knew or should have known that emotional distress was the likely result of his conduct; (2) that the conduct was extreme and outrageous; (3) that the defendant’s conduct was the cause of the plaintiff’s distress; and (4) that the emotional distress sustained by the plaintiff was severe.” Appleton v. Board of Education, 254 Conn. 205, 757 A.2d 1059 (2000); citing Petyan v. Ellis, 200 Conn. 243, 253, 510 A.2d 1337 (1986).
The court seemed to concede that coaches don’t have the same “latitude to employ equal opportunity insults… . (C)omments, which would have produced a shrug of the shoulders decades ago, may now be considered ‘outrageous’ and unacceptable, without regard to motive or intent.”
At the same time, the court carefully measured whether the plaintiff the standard for “severe emotional distress.”
Specifically, it noted that “the minor son testified at his deposition that while he found the incidents with his coach to be upsetting, he ‘just thought it was a part of football.’ His reactions cannot be said to be intolerable, or show that he is suffering distress so severe that no reasonable man could be expected to endure it. While his father testified that he is withdrawn and sought assistance from clergy, he has not sought medical treatment for any anger or depression, and testified that he does not see the need for it. His circle of friends, grades, activities and hobbies did not seem to change at all because of the incidents. His very limited depression over the incident and anger cannot be said to be any more than a degree of transient and trivial emotional distress, which is a part of the price of living among people. Everyone, at one time or another, will experience the less pleasant side of a teacher, coach, official, supervisor, boss, colleague, or even a friend. Those cases of embarrassment, humiliation, hurt feelings and other less debilitating, more transient forms of suffering, including the mild and short-lived suffering that the minor plaintiff, Joseph Civitella, endured here, are not sufficient to impose liability.
“Therefore, the motion for summary judgment is granted.”
Pasquale Civitella, PPA v. Pop Warner Football; Superior Court Of Connecticut, Judicial District Of Ansonia – Milford At Derby; CV095010392S, 2012 Conn. Super. LEXIS 2265; 9/5/12
