Lucchesi v. Frederic N. Stimmell, M.D., Ltd.

I concur in that portion of the majority opinion that reverses the summary judgment granted by the trial court in favor of defendant Samaritan Health Service.

I dissent from that portion of the majority opinion that affirms the partial summary judgment granted in favor of Dr. Stimmell on the appellant’s claim for intentional or reckless infliction of emotional distress. I believe that reasonable persons could differ as to whether Dr. Stimmell’s conduct may reasonably be regarded as so extreme and outrageous as to permit recovery.

Arizona accepted the tort of intentional or reckless infliction…