 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Tucker v. Roman Catholic Diocese of Lafayette-In-Indiana11/23/2005
ere properly dismissed.
IV. Negligent Infliction of Emotional Distress
In Count IV of the amended complaint, Tucker asserted a claim for negligent infliction of emotional distress as follows: "as a proximate result of the negligence of the [Diocese], Plaintiff sustained an emotional trauma that is serious in nature and of a kind and extent normally expected to occur in a reasonable person . . . [and that] Plaintiff was directly involved in the incidents that gave rise to her emotional trauma." Appellant's App. at 199-200. A claim for negligent infliction of emotional distress requires that the injured person suffered the injury either through direct impact or direct involvement. See Groves v. Taylor, 729 N.E.2d 569, 573 (Ind. 2000); Ryan v. Brown, 827 N.E.2d 112, 122 (Ind. Ct. App. 2005) (where direct impact test is not met, bystander may nevertheless establish "direct involvement" by proving plaintiff actually witnessed or came on scene soon after death or severe injury of loved one). The only "direct impact" Tucker alleged arose from Metzger's time-barred batteries. Likewise, Tucker does not allege that her emotional distress arose as a bystander witnessing the injury of a loved one. See Groves, 729 N.E.2d at 573. Moreover, as explained above, any independent claims of negligence were dismissed for failure to state an actionable claim. Tucker failed to state a claim for negligent infliction of emotional distress. The trial court did not err in dismissing this count.
V. Intentional Infliction of Emotional Distress
Finally, in Count V of Tucker's amended complaint, she asserted that the Diocese was liable for intentional infliction of emotional distress. To state a claim for intentional infliction of emotional distress under Indiana law, a complaint must allege conduct that is so extreme and outrageous as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community. Powdertech, Inc. v. Jorganic, 776 N.E.2d 1251, 1264 (Ind. Ct. App. 2002). "It is the intent to harm one emotionally that constitutes the basis for the tort of an intentional infliction of emotional distress." Cullison v. Medley, 570 N.E.2d 27, 31 (Ind.1991).
Tucker claims that Metzger molested her as a child. The abuse Tucker suffered at the hands of Metzger, if as alleged, was extreme and outrageous. However, Tucker's claims against the Diocese allege, without more, that the Diocese's intentional actions constituted extreme and outrageous conduct. Appellant's App. at 200. Tucker fails to allege, however, that it was the Diocese's intent to emotionally harm Tucker. See Cullison, 570 N.E.2d at 31. Tucker has again failed to state a claim upon which relief can be granted.
Affirmed.
MAY, J., and ROBB, J., concur.
Page 1 2 3 4 Indiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|