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Phillip Driver and Nancy Driver v. Burlington Aviation Inc.6/15/1993
ort to assert a claim for intentional infliction of emotional distress alleging that Cessna's conduct is "extreme and outrageous and indicates a reckless indifference to the likelihood that their conduct would cause severe, emotional distress." We hold as a matter of law, however, that Cessna's conduct, as alleged in the amended complaint, falls short of that which would be sufficiently outrageous to support a claim for intentional infliction of emotional distress. Furthermore, plaintiff does not allege any intent on the part of Cessna in causing harm to plaintiff. See Dickens v. Puryear, 302 N.C. 437, 276 S.E.2d 325 (1981).
By their Seventh Claim for Relief, plaintiffs seek to recover for negligent infliction of emotional distress. Plaintiffs allege that
Cessna's negligence actually and proximately caused each of them to suffer severe emotional distress. As we have already stated, the complaint is sufficient to allege a claim for relief for damages due to Cessna's negligence. North Carolina law allows recovery for emotional injury inflicted negligently, and plaintiffs' allegations, taken as true, are sufficient to state a claim for relief based on this theory. See Johnson v. Ruark Obstetrics, 327 N.C. 283, 395 S.E.2d 85 (1990).
In summary, we hold that plaintiffs' amended complaint is sufficient to state claims for relief for negligence and negligent infliction of emotional distress, and the trial court's order dismissing plaintiffs' action with respect to these claims is reversed. The trial court's order dismissing the remaining claims alleged in the amended complaint is affirmed. This case is remanded to the Superior Court of Alamance County.
Affirmed in part, reversed in part, and remanded.
Judges JOHNSON and GREENE concur.
Disposition
Affirmed in part, reversed in part, and remanded.
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