Russell G. Gross et al. v. Steven M. Pare et al.

Summary

The Rhode Island Supreme Court affirmed summary judgment for city officials in an action arising from the plaintiff’s workplace transfer and demotion. The court held that the alleged conduct was not extreme or outrageous for purposes of intentional infliction of emotional distress, that the plaintiff was not within either recognized category for negligent infliction of emotional distress, and that he had not shown publication of a false or fictitious fact supporting his invasion-of-privacy claim.

Holdings

1. Summary judgment for defendants was proper because the alleged criticism, transfer, and demotion did not constitute conduct that was extreme and outrageous as required for intentional infliction of emotional distress.
2. Summary judgment for defendants was proper because Gross was neither within the zone of danger nor a bystander related to a victim whom he witnessed being injured, and the record did not show negligence by defendants.
3. Summary judgment for defendants was proper because Gross identified no publication of a false or fictitious fact placing him in a false light before the public.
4. The hearing justice properly treated defendants' Rule 12(b)(6) motion as a Rule 56 motion after Gross submitted materials outside the pleadings, and the record did not establish a genuine dispute of material fact.

Questions Presented

1. Whether summary judgment was proper on Gross's claim for intentional infliction of emotional distress.
2. Whether Gross could establish negligent infliction of emotional distress under either the zone-of-danger or bystander theory.
3. Whether Gross established a false-light invasion-of-privacy claim under Rhode Island General Laws § 9-1-28.1(a)(4).
4. Whether the hearing justice impermissibly engaged in fact-finding or whether genuine issues of material fact precluded summary judgment.

Disposition

affirmed