A month after Mike and Mindy got married, Mindy’s ex-husband…
A month after Mike and Mindy got married, Mindy’s ex-husband, Trent, secretly entered Mike and Mindy’s rented apartment during their absence by using a master key. Trent placed a microphone behind the bookstand in the apartment bedroom and drilled a hole in the nearby wall, with the result that the microphone appeared to be connected with wires going into the adjoining apartment. Actually, the microphone was not connected to anything. Trent anticipated that Mindy would discover the microphone in a few days and would be upset by the thought that someone had been listening to her conversations with Mike in their bedroom. Shortly thereafter, as Mike was putting a book on the stand, Mike noticed the wires behind the bookstand and discovered the hidden microphone. Mike then called Mindy and showed her the microphone and wires. Mindy fainted and, in falling, struck her head on the bookstand and suffered a mild concussion. The next day Mike telephoned Trent and accused him of planting the microphone. Trent laughingly admitted it.If Mindy asserts a claim against Trent based on infliction of mental distress, the fact that Mike was the person who showed her the microphone will:
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