Rockhill v. Pollard

McAllister, j.

The question posed here is whether plaintiff made out a prima facie case that the defendant’s outrageous conduct caused her severe emotional distress. The lower court granted a nonsuit at the conclusion of plaintiff’s case. We think the issue should have been submitted to the jury.

In Pakos v. Clark, 253 Or 113, 453 P2d 682 (1969), this court recognized the tort of outrageous conduct and used as a test of its limits 1 Restatement of Torts 2d, § 46:

“(1) One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to…