798 N.W.2d 872
N.D.2011Background
- G.K.T. adopted the child with T.K.’s consent in 2001 after living with them since 1998.
- G.K.T. and T.L.T. divorced in 2007; T.L.T. had primary residential responsibility and G.K.T. had parenting time.
- In 2008, T.L.T. began a relationship with T.K., and the child spent time with them and their families.
- G.K.T. alleged T.L.T. and T.K. conspired to alienate the child’s affections and threatened to tell the child he was not the father.
- G.K.T. claimed emotional distress and loss of sleep, heartache, and job as a result of the alleged conduct.
- The district court granted summary judgment for T.L.T. and dismissed the IIED complaint; on appeal the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the conduct extreme and outrageous for IIED in a parent-child context? | G.K.T. argues the conduct could be outrageous under Muchow. | T.L.T. and T.K. contend the conduct is not extreme or outrageous. | No; conduct not extreme or outrageous as a matter of law. |
| Should IIED be recognized as actionable in ND when based on parent-child relationships? | G.K.T. asserts IIED is actionable in this context. | Court assumes, for this opinion only, that IIED could be actionable. | Assumes IIED actionable in this context, but claims still fail on extreme/outrageousness. |
| Did the district court correctly grant summary judgment given the record? | G.K.T. contends factual disputes exist regarding outrageous conduct. | No genuine issues of material fact; conduct not extreme/outrageous. | Yes, summary judgment affirmed. |
Key Cases Cited
- Muchow v. Lindblad, 435 N.W.2d 918 (N.D.1989) (establishes the beyond all possible bounds of decency standard for IIED)
- Riemers v. Peters-Riemers, 684 N.W.2d 619 (N.D.2004) (de novo review; restatement standard applied)
- Zuger v. State, 673 N.W.2d 615 (N.D.2004) (not enough extreme/outrageous conduct under Restatement standard)
- Vandall v. Trinity Hospitals, 676 N.W.2d 88 (N.D.2004) (threshold of extreme/outrageous conduct narrowly limited)
- Hougum v. Valley Memorial Homes, 574 N.W.2d 812 (N.D.1998) (conduct not sufficiently extreme/outrageous)
- Lucas v. Riverside Park Condominiums Unit Owners Ass’n, 776 N.W.2d 801 (N.D.2009) (reaffirms Muchow standard; mere insults not enough)