Garcia v. Shaw Industries, Inc.

Because the majority opinion incorrectly finds that a rational jury could not find Shaw’s conduct either outrageous or extreme, I respectfully dissent to Division 1.1 concur fully in Division 2.

Garcia has provided evidence amply evincing a fact question for the jury on the issue of whether Shaw’s conduct in filing the fraud complaint with the Board, and in taking steps to engineer her arrest, was extreme and outrageous. First, Shaw filed the Board complaint alleging fraud when it knew or should have known that a fraud claim could not survive because an essential element necessary to support…