Philyaw v. Eastern Associated Coal Corp.

(Filed July 18, 2006)

I concur with the holding of the majority. I have chosen to write separately, however, to point out a misapprehension in the dissenting opinion concerning the elements, set forth in Travis, pertaining to a cause of action for the intentional or reckless infliction of emotional distress. As the majority indicates, a plaintiff must meet a “high standard” to sustain such a claim. Keyes v. Keyes, 182 W.Va. 802, 805, 392 S.E.2d 693, 696 (1990).

Here, the Circuit Court properly focused on the first element of the cause of action, described in Travis, which requires that the…