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Bacas v. Falgoust

5/30/2000

Mr. Falgoust owed a duty to her because he knew of her strained emotional condition after the rape and he was working with her attorney on her personal injury suit; (2) he breached the duty he owed her by his crude remarks and attempts to coerce her into performing oral sex on him; (3) she suffered additional emotional damage; (4) the emotional damage that was caused was within the scope of protection afforded by the duty Mr. Falgoust breached. Summary judgment was inappropriate because Mr. Falgoust failed to meet his burden of proving that no genuine issues of material fact exist. Therefore, Ms. Bacas did not have to rebut his contentions.


For the foregoing reasons, I agree that the judgment granting Mr. Falgoust's Motion for Summary Judgment should be reversed and remanded.




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