Snyder v. Sunshine Dairy
Decision Date | 09 September 1987 |
Parties | William J. SNYDER, Appellant, v. SUNSHINE DAIRY, an Oregon corporation, Robert H. Russell and Paul G. Arbuthnot, Respondents. A8508-04785; CA A39969. |
Court | Oregon Court of Appeals |
James O. Marsh, Portland, argued the cause and filed the brief for appellant. With him on the brief was Carney, Buckley, Kasameyer & Hays, Portland.
Jas. Jeffrey Adams, Portland, argued the cause for respondents. With him on the brief were Karen G. Thompson, and Acker, Underwood & Smith, Portland.
Before BUTTLER, P.J., JOSEPH, C.J., and ROSSMAN, J.
Plaintiff appeals a judgment dismissing his complaint for failure to state facts sufficient to support a claim. Plaintiff sought damages for employer's alleged outrageous conduct by the intentional infliction of emotional distress. The complaint alleged that plaintiff had worked for defendant since 1956 and that, in 1983, defendant began to harass and intimidate plaintiff with the intended goal of forcing him voluntarily to terminate his employment. It further alleged that defendant had engaged in an "intentional course of conduct designed to inflict extreme emotional distress" on plaintiff. 1
Liability for intentional infliction of emotional distress requires that the
Patton v. J.C. Penney Co., 301 Or. 117, 719 P.2d 854 (1986).
We have explained that the means of inflicting the distress must be extraordinary and must also be pleaded. Trout v. Umatilla Co. School Dist., 77 Or.App. 95, 101, 712 P.2d 814 (1985), rev. den. 300 Or. 704, 716 P.2d 758 (1986). The means alleged here--excessive supervision and unjustified reprimands, even if proved, cannot amount to an "extraordinary transgression of the bounds of socially tolerable conduct." See Hall v. The May Dept. Stores, supra; Brewer v. Erwin, 287 Or. 435, 600 P.2d 398 (1979); Turman v. Central Billing Bureau, 279 Or. 443, 568 P.2d 1382 (1977).
Affirmed.
1 The complaint alleged the following particulars:
To continue reading
Request your trial-
Dawson v. Entek Intern.
...828 P.2d 479 (1992)(quoting Hall v. The May Dept. Stores, 292 Or. 131, 135, 637 P.2d 126 (1981)); see also Snyder v. Sunshine Dairy, 87 Or.App. 215, 217-18, 742 P.2d 57 (1987) (allegations that employer publicly ridiculed plaintiff and unjustly criticized work performance did not rise to th......
-
Meagher v. Lamb-Weston, Inc.
...(1992); Madani v. Kendall Ford, Inc., 312 Or. 198, 818 P.2d 930 (1991); Patton, 301 Or. at 117, 123, 719 P.2d 854; Snyder v. Sunshine Dairy, 87 Or.App. 215, 742 P.2d 57 (1987). Plaintiffs rely on Sky Chefs, but again that case is inapposite. In Sky Chefs, the Ninth Circuit held the injury p......
-
Campbell v. Safeway, Inc.
...is an extraordinary transgression shown by an employer's "excessive supervision and unjustified reprimands." Snyder v. Sunshine Dairy, 87 Or.App. 215, 218, 742 P.2d 57 (1987). The court further agrees that an employer with a well-founded belief of wrongdoing is not liable for merely threate......
-
Dias v. Sky Chefs, Inc.
...(quoting Brewer v. Erwin, 287 Or. 435, 600 P.2d 398, 411 (1979)). In cases such as Patton, 719 P.2d at 858, and Snyder v. Sunshine Dairy, 87 Or.App. 215, 742 P.2d 57, 58 (1987), the Oregon courts have held that "rude" or "tyrannical" behavior by supervisors, or excessive supervision and unj......