## Facts

- Delois Turner, an African American woman, went to Nancy Wong’s donut shop and purchased a donut.
- After tasting the donut, Turner believed it was stale and asked Wong for a fresh replacement.
- Wong refused to provide a new donut first and insisted Turner had to pay before any replacement would be given.
- Turner refused to pay for the stale donut and continued to demand a replacement.
- During the dispute, Wong repeatedly used a racial slur directed at Turner three or four times, in front of other patrons who were white.
- Wong then ordered Turner to leave the store and pointed toward the door.
- Turner later reported that she felt embarrassed, shocked, mortified, hurt, angry, and humiliated, and she claimed the incident caused a loss of self-esteem.
- Turner did not seek medical, psychological, or psychiatric treatment after the incident.
- Turner sued Wong for intentional infliction of emotional distress (IIED).
- After discovery, Wong moved for summary judgment, arguing Turner could not prove the elements of IIED—especially severe emotional distress.
- The trial court granted summary judgment for Wong, and Turner appealed.

## Issues

1. Did Turner present sufficient evidence to create a genuine issue of material fact that she suffered “severe emotional distress,” as required for an IIED claim under Connecticut law, based on Wong’s alleged racial slurs and expulsion of Turner from the store?
2. Was summary judgment proper where Turner’s evidence of emotional harm consisted primarily of her testimony describing humiliation and related feelings, without treatment or other proof of severity?

## Decision

- The appellate court affirmed summary judgment for Wong.
- The court held that Turner’s evidence did not raise a triable issue that she suffered severe emotional distress.
- Even accepting Turner’s account of Wong’s conduct and Turner’s subjective reactions, the record showed no treatment, no medical or therapeutic diagnosis, and no other evidence indicating distress of the intensity required for IIED.
- Because severe emotional distress is an essential element of IIED, the failure of proof on that element entitled Wong to judgment as a matter of law.

## Legal Principles

- To prevail on an IIED claim in Connecticut, a plaintiff must prove: (1) the defendant intended to inflict emotional distress or knew or should have known emotional distress was likely; (2) the conduct was extreme and outrageous; (3) the conduct caused the plaintiff’s distress; and (4) the distress was severe.
- “Severe” emotional distress requires more than temporary humiliation, embarrassment, anger, or hurt feelings; it must be distress so serious that a reasonable person could not be expected to endure it.
- A plaintiff’s subjective description of being upset or humiliated, standing alone, may be insufficient to show severity when the record lacks evidence such as treatment, physical symptoms, functional impairment, or comparable proof of intense and lasting distress.
- Summary judgment is appropriate when the evidence, viewed in the light most favorable to the nonmoving party, shows no genuine dispute of material fact on an essential element of the claim.
- Appellate review of summary judgment is de novo, focusing on whether the record shows any genuine issue of material fact and whether the moving party is entitled to judgment as a matter of law.

## Conclusion

Turner v. Wong affirms summary judgment against an IIED plaintiff who alleged racial slurs in a retail setting but offered only testimony of humiliation and related emotions, without evidence supporting the legally required level of severe emotional distress; because that element failed as a matter of law, Wong was entitled to judgment.


Turner v. Wong, 832 A.2d 340 (2003)