The opinion of the court was delivered by: MALETZ
MALETZ, Senior Judge.
Defendant Federal Express Corporation moves for judgment notwithstanding the verdict, Fed. R. Civ. P. 50(b), or alternatively for a new trial, id. 59(a), following a jury verdict for plaintiffs John Leahy and Benjamin Mollica on claims of negligent infliction of emotional distress. For the reasons that follow, the motion for judgment n.o.v. is granted.
Plaintiffs instituted this action after Federal Express, an overnight delivery company, terminated their employment as couriers. Their complaint asserted eight claims, of which four ultimately went to the jury: (1) false imprisonment, (2) assault, (3) intentional infliction of emotional distress, and (4) negligent infliction of emotional distress.
With respect to the claims that went to the jury, plaintiffs testified that they were mistreated by employees of Federal Express during a security investigation that followed the disappearance of an expensive wristwatch that had been entrusted to defendant for delivery. In a previous opinion, the court summarized plaintiffs' contentions:
Leahy testified that a Federal employee named John Flynn prevented him from leaving a room and placed him in apprehension of immediate harm by pulling back his jacket to reveal a firearm he was carrying. Mollica testified that he was similarly confined to a room and placed in apprehension of immediate harm when Federal employee named John Ridell [sic ]
placed his arm upon the wall and pushed Mollica backwards in response to Mollica's attempt to exit.
Leahy v. Federal Express Corp., --- F. Supp. /--, /--, No. CV-83-4031 (JBW), slip op. at 11 (E.D.N.Y. May 9, 1985).
The jury found for Federal Express on the claims of false imprisonment and intentional infliction of emotional distress. It further found that plaintiffs had been assaulted but had not been damaged thereby. Finally, it found Federal Express liable for negligent infliction of emotional distress and awarded damages of $20,000 to Leahy and $30,000 to Mollica. These awards are attacked in defendant's motion for judgment n.o.v.
On Federal Express's motion for judgment n.o.v., the court must consider the evidence in the light most favorable to the opponents of the motion, Leahy and Mollica. Thus, plaintiffs are entitled to all reasonable inferences that may be drawn in their favor. See, e.g., Sirota v. Solitron Devices, Inc., 673 F.2d 566, 573 (2d Cir.), cert. denied, 459 U.S. 838, 103 S. Ct. 86, 74 L. Ed. 2d 80 (1982) and 459 U.S. 908, 103 S. Ct. 213, 74 L. Ed. 2d 170 (1982); Mattivi v. South African Marine Corp., "Huguenot", 618 F.2d 163, 167-68 (2d Cir. 1980); DC Comics, Inc. v. Filmation Associates, 486 F. Supp. 1273, 1278 (S.D.N.Y. 1980); Garzilli v. Howard Johnson's Motor Lodges, Inc., 419 F. Supp. 1210, 1211 (E.D.N.Y. 1976).
B. Emotional Distress ...