Michigan Court of Appeals; Docket No. 62191; Published
Judges Beasley, Brennan, and Wahls; Per Curiam
Official Michigan Reporter Citation: 141 Mich App 110; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Extra Contractual / Mental Anguish Damages
CASE SUMMARY:
This case deals with a tort claim for intentional infliction of emotional distress. Plaintiff amended his PIP suit against defendant Citizens to add this tort cause of action. Subsequently, the trial court denied defendant's motion for summary judgment with respect to this claim. Defendant applied for and was granted an interlocutory appeal and the Court of Appeals reversed the trial court, holding that plaintiff had failed to adequately allege a cause of action for intentional infliction of emotional distress. The appeals court acknowledged that previous decisions have recognized this cause of action. However, in the case of Holmes v Allstate, 119 Mich App 710 (1982), the court adopted the narrow restatement definition which requires conduct "so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency and to be regarded as atrocious and utterly intolerable in a civilized community. Generally, the case is one in which the recitation of the facts to an average member of the community would arouse resentment against the actor and lead him to exclaim 'outrageous!'" In this case, the conduct of the defendant's claims examiner, although "unprofessional, insulting and reflective of a cynical and insensitive attitude," was not so outrageous as to constitute intentional infliction of emotional distress.
