Owens v. Archer-Daniels-Midland Co.

ORDER

McCUSKEY, District Judge.

On December 17, 1998, Defendant Marie E. Powers, as Independent Administrator of the Estate of Art Boyle, filed an Amended Motion for Summary Judgment as to Count VII of Plaintiff’s Second Amended Complaint (# 139). Powers’ Amended Motion for Summary Judgment (# 139) is DENIED.

FACTS

Plaintiff, Jerry Deon Owens, filed his Amended Complaint against Defendants in October 1994. Count VII of the Amended Complaint asserted a cause of action for the intentional infliction of emotional distress against Defendant Art Boyle. Art Boyle passed away in February 1998. Plaintiff…