Hoffmann-La Roche Inc. v. Zeltwanger

in which Justice HECHT, Justice OWEN, Justice JEFFERSON, Justice WAINWRIGHT and Justice BRISTER joined.

We must decide whether a plaintiff can recover damages on a claim for intentional infliction of emotional distress when the Legislature has created a statutory right to seek emotional damages for the same actions that form the basis of the intentional-infliction claim. The court of appeals concluded that the plaintiff could recover damages under both claims, electing mental anguish and punitive damages under her intentional-infliction claim while taking other compensatory damages and…