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Lachenman v. Stice11/30/2005
Parties in requesting Appellate Review of the Court's rulings in this case so that the Jury Trial will be according to the proper legal standards giving both Parties a legally fair trial." Appellant's App. at 8.
Lachenman subsequently filed a Notice of Appeal on February 11, 2005. Upon appeal, Lachenman challenges both the trial court's grant of partial summary judgment and the evidentiary rulings incorporated into the final judgment.
I. Summary Judgment
Summary judgment is appropriate only where the designated evidentiary materials demonstrate that there are no genuine issues as to any material fact and that the moving party is entitled to a judgment as a matter of law. Rector v. Oliver, 809 N.E.2d 887, 889 (Ind. Ct. App. 2004) (citing Ind. Trial Rule 56(C)). When reviewing a grant of a motion for summary judgment, we stand in the shoes of the trial court. Id. Once the moving party demonstrates, prima facie, that there are no genuine issues of material fact as to any determinative issue, the burden falls upon the non-moving party to come forward with contrary evidence. Id. Upon appeal, we do not weigh the evidence but rather consider the facts in the light most favorable to the non-moving party. Id.
A. Intentional Infliction of Emotional Distress
Lachenman claims that the trial court erred in granting summary judgment in favor of the Stices with regard to her claims of intentional infliction of emotional distress. The tort of intentional infliction of emotional distress was first recognized as a separate cause of action without the need for an accompanying tort in Cullison v. Medley, 570 N.E.2d 27 (Ind. 1991). See City of Anderson v. Weatherford, 714 N.E.2d 181, 185 (Ind. Ct. App. 1999). In Cullison, our Supreme Court defined the tort of intentional infliction of emotional distress as: "'one who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress . . . .'" Id. at 31 (quoting Restatement (Second) of Torts § 46 (1965)). It is the intent to harm the plaintiff emotionally which constitutes the basis for the tort of intentional infliction of emotional distress. Id. The elements of the tort are that the defendant: (1) engages in extreme and outrageous conduct (2) which intentionally or recklessly (3) causes (4) severe emotional distress to another. Branham v. Celadon Trucking Servs., Inc., 744 N.E.2d 514, 523 (Ind. Ct. App. 2001); Bradley v. Hall, 720 N.E.2d 747, 752 (Ind. Ct. App. 1999). The requirements to prove this tort are rigorous. Branham, 744 N.E.2d at 523. Our cases have cited with approval the following comment:
"'The cases thus far decided have found liability only where the defendant's conduct has been extreme and outrageous. It has not been enough that the defendant has acted with an intent which is tortious or even criminal , or that he has intended to inflict emotional distress, or even that his conduct has been characterized by 'malice,' or a degree of aggravation which would entitle the plaintiff to punitive damages for another tort. Liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Generally, the case is one in which the recitation of the facts to an average member of the community would arouse his resentment against the actor, and lead him to exclaim, 'Outrageous!'" Bradley, 720 N.E.2d at 752-53 (quoting Restatement (Second) of Torts § 46).
Intentional infliction of emotional distress is found where conduct exceeds all bou
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