"Clerical error" isn't negligence; man arrested after dealer mis-reports VIN can't sue dealership

Saad Benny was arrested and temporarily detained by police on suspicion of driving a stolen vehicle.  Turns out that when he turned in one of two leased vehicles, the dealership confused the VIN number of the turned-in vehicle with the VIN number of the retained vehicle as a result of a "clerical error."  He sued the dealership for negligence in causing him to be detained by police.

The Court of Appeals ruled that he did not adequately plead a "negligent infliction of emotional distress;" that the Dealership's negligence was not "so outrageous...as to be intolerable;" and that he relied too heavily on speculation in connecting the dealership's "clerical error" to the process of his arrest and detention.  Hard to imagine what is "speculative" about being detained for driving a stolen vehicle after the Dealership has incorrectly reported that you no longer possess the vehicle.