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Batson v. Shiflett3/12/1992
of extreme and outrageous conduct on their part.
We have upheld claims for intentional infliction of emotional distress only three times and only in cases which involved truly egregious acts. See Figueiredo-Torres v. Nickel, 321 Md. 642, 584 A.2d 69 (1991) (psychologist had sexual relations with the plaintiff's wife during the time when he was treating the couple as their marriage counselor); B.N. v. K.K., 312 Md. 135, 538 A.2d 1175 (1988) (physician did not tell nurse with whom he had sexual intercourse that he had herpes); Young v. Hartford Accident & Indemnity, 303 Md. 182, 492 A.2d 1270 (1985) (worker's compensation insurer's "sole purpose" in insisting that claimant submit to psychiatric examination was to harass her and force her to abandon her claim or to commit suicide). The cases where we have refused to recognize the cause of action provide a useful contrast. See Gallagher v. Bituminous Fire & Mar. Ins., 303 Md. 201, 492 A.2d 1280 (1985) (insurer's failure to make timely benefit payment); Vance v. Vance, 286 Md. 490, 408 A.2d 728 (1979) (defendant misrepresented that he was divorced at the time of his marriage to the plaintiff).
Shiflett points to evidence that petitioners strategically designed a campaign intended and calculated to harass him, to undermine his position as Local President, and to remove him from office. Further, Shiflett argues that Batson's position as President of the National Union requires "special scrutiny" of his conduct because Batson was in "a unique position to harass and cause Shiflett emotional distress."
Shiflett's intentional infliction of emotional distress judgment simply cannot stand unless we dramatically expand the boundaries of the tort we first recognized in Harris v. Jones, 281 Md. 560, 380 A.2d 611 (1977). In Harris, we
declined to permit recovery for an employee whose supervisor taunted and ridiculed him for five years about his speech impediment. We adopted the elements of the intentional infliction tort set forth in Restatement (Second) of Torts § 46 (1965). Comment d to § 46, from which we quoted with approval in Harris, makes it clear that petitioners' conduct here is not sufficiently "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!'"
Restatement (Second) of Torts § 46 comment d (1965) (emphasis added). Both Shiflett and Batson exchanged allegations concerning an internecine labor dispute. Even though we have held that petitioners' statements were defamatory, this conduct in no way satisfies our exacting standard for "extreme and outrageous conduct." As Harris explained, context is vital in determining whether the conduct is tortious. Here, the context was a heated labor dispute. Shiflett was a combative, veteran labor
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