Page:McQuay v. Guntharp.pdf/14

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"[E]ach of the plaintiff's missed time from work"

"[T]he plaintiffs have sustained medical expenses in the past and may sustain future medical expense"

These allegations, apparently made in an attempt to satisfy the requirement that facts be stated to show that the plaintiffs have suffered emotional distress "so severe that no reasonable person could be expected to endure it," are largely conclusory. They hardly rise to the level of those in the Croom case where there was an attempted suicide by the minor who had been violated or the allegation of protracted sexual harassment resulting in a specific medical condition as in the Hale case.

In Turner v. Baptist Medical Center, 275 Ark. 424, 631 S.W.2d 275 (1982), we held that an allegation of intentional infliction of emotional distress against a psychiatrist who allegedly caused false imprisonment of the plaintiff in a psychiatric treatment facility was insufficient. The majority opinion attempts to distinguish that case on the basis that it contained no allegation of violation of a trusted relationship. That misses the point of the opinion which was, "No facts were alleged that would make the assertion of mental and emotional distress anything more than an element of damage flowing from the imprisonment and mistreatment." 275 Ark. at 426, 631 S.W.2d at 277 (emphasis supplied). The focus there was not on the act that caused the alleged injury, but on the "assertion of mental and emotional distress" that was found to be inadequate. The same is true in this instance.

No doubt the conduct alleged in this case was an unpermitted touching or battery, but if the allegation of mental or emotional distress amounts to anything more than an indication of appropriate anger resulting from such conduct, it is not sufficient to rise to the level of the tort of outrage.

We should honor the Trial Court's dismissal of the complaint of outrage on the ground that it failed to state facts sufficient to allege that tort.

I respectfully dissent.

I, J., joins in this dissent.