Gall v. Great Western Sugar Co., 219 Neb. 354

Summary

The Nebraska Supreme Court affirmed dismissal of Debby Gall’s claims against Great Western Sugar Company and Hunt International Resources Corporation arising from telephone calls concerning her husband’s employment and workers’ compensation benefits. The court held that the alleged conduct did not constitute intentional infliction of emotional distress and that Great Western owed Gall no special duty of fair and good faith dealing. A dissent concluded that the evidence created a jury question concerning whether the conduct was outrageous and caused severe emotional distress.

Holdings

1. A plaintiff asserting intentional infliction of emotional distress must prove intentional or reckless conduct, conduct that is extreme and outrageous beyond all possible bounds of decency, and emotional distress so severe that no reasonable person should be expected to endure it.
2. The evidence established as a matter of law that Great Western's conduct was not intentional or reckless, was not extreme or outrageous, and did not cause distress of the requisite severity; therefore, Great Western was entitled to summary judgment.
3. Great Western owed Debby no special duty to deal fairly or in good faith because she was not its insured and had no legal relationship with the company.
4. The dismissal against Hunt International was proper because the same allegations and evidence applied to it and necessarily required dismissal; consequently, the court did not need to decide whether the special appearance was correctly sustained.

Questions Presented

1. Whether the evidence created a genuine issue of material fact on Debby's claim for intentional infliction of emotional distress against Great Western.
2. Whether Great Western owed Debby a special duty to deal fairly and in good faith.
3. Whether the trial court's dismissal of the claim against Hunt International could be affirmed without deciding whether the special appearance was properly sustained.

Disposition

affirmed