Richer v. Poisson

I concur in the majority’s decision to affirm the summary judgment for defendant on plaintiff Lee Richer’s claim for malicious prosecution, but write separately on that claim to emphasize what I believe to be the correct analysis of it. I dissent from the decision to reverse the dismissal of plaintiffs’ claim for intentional infliction of emotional distress for failure to state a claim.

The elements of the tort of intentional infliction of emotional distress are well established in Oregon. To state such a claim, a plaintiff must allege facts on which a factfinder could find

“that the defendant…