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Thomas v. Medical Center Physicians12/27/2002
ed role of providing notice of the nature of the claim and the facts that are at issue. Christensen Family Trust v. Christensen, 133 Idaho 866, 871, 993 P.2d 1197, 1202 (1999) (citation omitted). A court may consider whether the allegations sought to be added to the complaint state a valid claim in determining whether to grant leave to amend the complaint. Black Canyon Racquetball Club, Inc., v. Idaho First Nat'l Bank N.A., 119 Idaho 171, 175, 804 P.2d 900, 904 (1991). A court, however, may not consider the sufficiency of evidence supporting the claim sought to be added in determining leave to amend because that is more properly determined at the summary judgment stage. Christensen Family Trust, 133 Idaho at 72, 804 P.2d at 1203.
Thomas sought to amend his complaint to add claims for intentional infliction of emotional distress and negligent infliction of emotional distress. In denying Thomas leave to amend his complaint, the district judge, regarding Medical Center's conduct that Thomas alleged, wrote: "It doesn't seem to me that any of that reaches anywhere near the level of outrage that would be necessary to give rise to a separate cause of action for emotional distress." This language indicates that the district judge considered the merits of the emotional distress claims in denying leave to add such claims.
The district judge also wrote, however: "And I can't see that the separate claims of emotional distress and tortious infliction of emotional distress go anyplace. If they're within the reach of contract damages so be it. But there is not a basis to convert what is a contract action into a tort action for emotional distress."
Medical Center contends that the district judge properly denied leave to amend because Thomas was improperly attempting to litigate a contract claim in tort because wrongful discharge sounds in contract, not in tort. Hummer, 129 Idaho at 280-81, 923 P.3d at 987-88. In Idaho, plaintiffs may not recover for emotional distress in breach of contract cases, but punitive damages might be appropriate if the defendant's conduct is sufficiently egregious. Brown v. Fritz, 108 Idaho 357, 362, 699 P.2d 1371, 1376 (1985).
However, a claim for infliction of emotional distress is not prohibited any time a breach of contract claim is involved. In order for the plaintiff to state a claim for infliction of emotional distress, the conduct complained of must arise independently of the breach of contract claim. Taylor v. Herbold, 94 Idaho 133, 138, 483 P.2d 664, 669 (1971). In wrongful discharge cases, claims of infliction of emotional distress are allowed if the facts of the case support such a claim in addition to the contractual claims. See, e.g., Olson v. EG&G;Idaho, Inc., 134 Idaho 778, 783-84, 9 P.3d 1244, 1249-50 (2000). In Olson, this Court upheld a jury verdict in favor of the defendant employer on an emotional distress claim arising from an employee's termination. Id.
Bearing in mind the policy behind Rule 15(a), this Court finds that the district judge acted outside the bounds of discretion in denying Thomas' motion to amend.
V. THE AWARD OF COSTS AND ATTORNEY'S FEES IS VACATED
Because this Court reverses and remands for further proceedings on the termination in violation of public policy and denial of leave to amend the complaint, we vacate the award of costs and fees below, reserving the issue for later determination by the trial court.
VI. NEITHER PARTY IS ENTITLED TO AN AWARD OF ATTORNEY FEES AND COSTS ON APPEAL
Idaho Code ยง 12-120(3) provides for mandatory attorney fees on appeal and at trial to the prevailing party in disputes involving contracts for services. The prese
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