Friday, December 3, 2010
If you're looking for a new intentional infliction of emotional distress example for class, this is it. The Utah Supreme Court, in Hudgens v. Prosper, just allowed a suit to continue alleging IIED, among other claims. The facts underlying this claim? The plaintiff claimed that during a work retreat, a supervisor--as part of a "motivtional excerise"--waterboarded the plaintiff (i.e., made other employees hold the plaintiff down while the supervisor poured water over his nose and mouth).
What's amazing about the case is that the trial court dismissed the plaintiff's suit for failure to state a claim. The Supreme Court reversed solely because of the trial court's lack of reasoning for its decision, so it's possible that the trial court will do the same thing and simply add some justification for the decision (what that could be, I don't know).
Hat Tip: Dennis Walsh