This section contains the nature of the case and procedural background.

Slocum (P) was shopping in Food Fair Stores (D). P inquired into the price of an item, and the clerk made a rude and malicious reply. The reply upset P mentally and allegedly caused a heart attack. P suffered from a pre-existing condition. P sought money damages for mental suffering or emotional distress and a heart attack from a preexisting condition caused by the abusive language of D's employee. P claimed that the language used in the comment was malicious and was used with the intent to inflict great emotional disturbance. The trial court dismissed the action for a failure to state a cause of action and P appealed.

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