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26 Arkansas opinions name it 2 courts 1996–2026 4 in the last five years
The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Smith v. American Greetings Corp.green2 sentences1996In Smith v. American Greetings Corp., 304 Ark. 596 , 804 S.W.2d 683 (1991), we upheld the dismissal of an outrage claim in an employee-discharge context where the employee alleged that he was wrongfully terminated after his shift leader had hit him during a dispute, stating: The type of conduct that meets the standard for an outrage cause of action must be determined on a case-by-case basis. 1996In Smith v. American Greetings Corp., 304 Ark. 596 , 804 S.W.2d 683 (1991), we upheld the dismissal of an outrage claim in an employee-discharge context where the employee alleged that he was wrongfully terminated after his shift leader had hit him during a dispute, stating: The type of conduct that meets the standard for an outrage cause of action must be determined on a case-by-case basis. | 2 | 4 |
Givens v. Hixsongreen2 sentences2025Givens v. Hixson, 275 Ark. 370, 372 , 631 S.W.2d 263, 264 (1982) (plaintiff testified he “was depressed, could not sleep or eat, lost weight, and entered a hospital a month later (apparently owing to a heart condition)”); see also Island v. Buena Vista Resort, 352 Ark. 548 , 103 S.W.3d 671 (2003) (no outrage proved when the plaintiff’s alleged emotional distress was not severe, plaintiff did not allege any peculiar susceptibility to emotional distress, and the effect on the plaintiff of the conduct complained of was inconsequential). 2025Givens v. Hixson, 275 Ark. 370, 372 , 631 S.W.2d 263, 264 (1982) (plaintiff testified he “was depressed, could not sleep or eat, lost weight, and entered a hospital a month later (apparently owing to a heart condition)”); see also Island v. Buena Vista Resort, 352 Ark. 548 , 103 S.W.3d 671 (2003) (no outrage proved when the plaintiff’s alleged emotional distress was not severe, plaintiff did not allege any peculiar susceptibility to emotional distress, and the effect on the plaintiff of the conduct complained of was inconsequential). | 1 | 2 |
Island v. Buena Vista Resortgreen2 sentences2025Givens v. Hixson, 275 Ark. 370, 372 , 631 S.W.2d 263, 264 (1982) (plaintiff testified he “was depressed, could not sleep or eat, lost weight, and entered a hospital a month later (apparently owing to a heart condition)”); see also Island v. Buena Vista Resort, 352 Ark. 548 , 103 S.W.3d 671 (2003) (no outrage proved when the plaintiff’s alleged emotional distress was not severe, plaintiff did not allege any peculiar susceptibility to emotional distress, and the effect on the plaintiff of the conduct complained of was inconsequential). 2025Givens v. Hixson, 275 Ark. 370, 372 , 631 S.W.2d 263, 264 (1982) (plaintiff testified he “was depressed, could not sleep or eat, lost weight, and entered a hospital a month later (apparently owing to a heart condition)”); see also Island v. Buena Vista Resort, 352 Ark. 548 , 103 S.W.3d 671 (2003) (no outrage proved when the plaintiff’s alleged emotional distress was not severe, plaintiff did not allege any peculiar susceptibility to emotional distress, and the effect on the plaintiff of the conduct complained of was inconsequential). | 1 | 1 |
Croom v. Yountsgreen2 sentences1998See, e.g., Croom, 323 Ark. 95 , 913 S.W.2d 283 ; Ross v. Patterson, 307 Ark. 68 , 817 S.W.2d 418 (1991); Cordes v. Outdoor Living Ctr., Inc., 301 Ark. 26 , 781 S.W.2d 31 (1989); Harris v. Arkansas Book Co., 287 Ark. 353 , 700 S.W.2d 41 (1985); Givens v. Hixson, 275 Ark. 370 , 631 S.W.2d 263 (1982). 1998See, e.g., Croom, 323 Ark. 95 , 913 S.W.2d 283 ; Ross v. Patterson, 307 Ark. 68 , 817 S.W.2d 418 (1991); Cordes v. Outdoor Living Ctr., Inc., 301 Ark. 26 , 781 S.W.2d 31 (1989); Harris v. Arkansas Book Co., 287 Ark. 353 , 700 S.W.2d 41 (1985); Givens v. Hixson, 275 Ark. 370 , 631 S.W.2d 263 (1982). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Angle v. Alexander
green
2 sentences2005Angle v. Alexander, 328 Ark. 714 , 945 S.W.3d 933 (1997). 2005Angle v. Alexander, 328 Ark. 714 , 945 S.W.3d 933 (1997). | 5 | 1997–2005 |
Sawada v. Walmart Stores, Inc.
green
2 sentences2026Id. at 15, 473 S.W.3d at 60 . 2026Id. at 15, 473 S.W.3d at 60 . | 3 | 2020–2026 |
Sterling v. Upjohn Healthcare Services, Inc.
green
2 sentences2009See id.; Smith v. American Greetings Corp., 304 Ark. 596 , 804 S.W.2d 683 (1991); Sterling v. Upjohn Healthcare Servs., Inc., 299 Ark. 278 , 772 S.W.2d 329 (1989). 2009See id.; Smith v. American Greetings Corp., 304 Ark. 596 , 804 S.W.2d 683 (1991); Sterling v. Upjohn Healthcare Servs., Inc., 299 Ark. 278 , 772 S.W.2d 329 (1989). | 3 | 2005–2009 |
Dillard Department Stores, Inc. v. Adams
green
2 sentences2003In sum, this court has taken a very narrow view of claims of outrage. [Citations omitted.] Dillard’s Department Stores, Inc. v. Adams, 315 Ark. 303 , 867 S.W.2d 442 (1993), is similar to the instant case because the outrage claim arose out of accusations of theft. 2003In sum, this court has taken a very narrow view of claims of outrage. [Citations omitted.] Dillard’s Department Stores, Inc. v. Adams, 315 Ark. 303 , 867 S.W.2d 442 (1993), is similar to the instant case because the outrage claim arose out of accusations of theft. | 3 | 1996–2003 |
Crockett v. Essex
green
2 sentences2000However, in order to sustain an outrage claim, a plaintiff must prove the following four elements, most recently stated in Crockett v. Essex, 341 Ark. 558 , 19 S.W.3d 585 (2000): ... (1) [T]he actor intended to inflict emotional distress or knew or should have known that emotional distress was the likely result of his conduct; (2) the conduct was “extreme and outrageous,” was “beyond all possible bounds of decency,” and was “utterly intolerable in a civilized community”; (3) the actions of the defendant were the cause of the plaintiff’s distress; and (4) the emotional distress sustained by the 2000However, in order to sustain an outrage claim, a plaintiff must prove the following four elements, most recently stated in Crockett v. Essex, 341 Ark. 558 , 19 S.W.3d 585 (2000): ... (1) [T]he actor intended to inflict emotional distress or knew or should have known that emotional distress was the likely result of his conduct; (2) the conduct was “extreme and outrageous,” was “beyond all possible bounds of decency,” and was “utterly intolerable in a civilized community”; (3) the actions of the defendant were the cause of the plaintiff’s distress; and (4) the emotional distress sustained by the | 2 | 2000–2004 |
Cannady v. St. Vincent Infirmary Medical Center
green
2 sentences2022Vincent Infirmary Medical Center, 2018 Ark. 35 , 537 S.W.3d 259 , is instructive. 3 In Cannady, the supreme court dismissed the appeal from an order denying summary judgment as to an outrage claim even though a Rule 54(b) certificate had been issued. 2022Vincent Infirmary Medical Center, 2018 Ark. 35 , 537 S.W.3d 259 , is instructive. 3 In Cannady, the supreme court dismissed the appeal from an order denying summary judgment as to an outrage claim even though a Rule 54(b) certificate had been issued. | 1 | 2022–2022 |
Family Dollar Trucking, Inc. v. Huff
green
2 sentences2015I also agree with the majority that substantial evidence supports the jury’s verdict on the malicious-prosecution claim. 12 Cite as 2015 Ark. 2015The amount of damages growing out of mental anguish Because of our reversal of the outrage claim, we need not address Family Dollar’s 2 arguments concerning the damages on that claim. 10 Cite as 2015 Ark. | 1 | 2015–2015 |
Travelers Insurance v. Smith
green
2 sentences2012To support her argument, appellant cites Travelers Insurance Co. v. Smith, 338 Ark. 81 , 991 S.W.2d 591 (1999), in which this court held that there was substantial evidence to support the jury’s conclusion that the appellants had committed the tort of outrage by failing to promptly obtain an autopsy and effectively holding the decedent’s body hostage, which hindered the embalming of the body and delayed both the funeral and the family’s grieving process. 2012To support her argument, appellant cites Travelers Insurance Co. v. Smith, 338 Ark. 81 , 991 S.W.2d 591 (1999), in which this court held that there was substantial evidence to support the jury’s conclusion that the appellants had committed the tort of outrage by failing to promptly obtain an autopsy and effectively holding the decedent’s body hostage, which hindered the embalming of the body and delayed both the funeral and the family’s grieving process. | 1 | 2012–2012 |
FMC CORPORATION, INC. v. Helton
green
2 sentences2007In FMC Corp. v. Helton, 360 Ark. 465 , 202 S.W.3d 490 (2005), this court held that an outrage claim was unsupportable, even where the plaintiff testified that, as a result of the defendant’s conduct, he was unable to sleep, lost weight, and had to start taking antidepressants, and even described his distress as being “as severe as that caused by losing his mother.” 360 Ark. at 486 , 202 S.W.3d at 505 . 2007In FMC Corp. v. Helton, 360 Ark. 465 , 202 S.W.3d 490 (2005), this court held that an outrage claim was unsupportable, even where the plaintiff testified that, as a result of the defendant’s conduct, he was unable to sleep, lost weight, and had to start taking antidepressants, and even described his distress as being “as severe as that caused by losing his mother.” 360 Ark. at 486 , 202 S.W.3d at 505 . | 1 | 2007–2007 |
Templeton v. United Parcel Service, Inc.
green
2 sentences2006Templeton, 364 Ark. 90 , 216 S.W.3d 563 ; see also Smith v. American Greetings Corp., 304 Ark. 596 , 804 S.W.2d 683 (1991); Sterling v. Upjohn Healthcare Servs., Inc., 299 Ark. 278 , 772 S.W.2d 329 (1989). 2006Templeton, 364 Ark. 90 , 216 S.W.3d 563 ; see also Smith v. American Greetings Corp., 304 Ark. 596 , 804 S.W.2d 683 (1991); Sterling v. Upjohn Healthcare Servs., Inc., 299 Ark. 278 , 772 S.W.2d 329 (1989). | 1 | 2006–2006 |
Growth Properties I v. Cannon
green
2 sentences2006I v. Cannon, 282 Ark. 472 , 669 S.W.2d 447 (1984) (holding that the essence of the tort of outrage is injury to the plaintiffs emotional well-being); Employers Equitable Life Ins. 2006I v. Cannon, 282 Ark. 472 , 669 S.W.2d 447 (1984) (holding that the essence of the tort of outrage is injury to the plaintiffs emotional well-being); Employers Equitable Life Ins. | 1 | 2006–2006 |
Allen v. Allison
green
2 sentences2005Allen, 356 Ark. 403 , 155 S.W.3d 682 . 2005Allen, 356 Ark. 403 , 155 S.W.3d 682 . | 1 | 2005–2005 |
Rabalaias v. Barnett
green
2 sentences2003This court agreed that the Rabalaises failed to state facts to support the outrage claim, where the complaint only asserted that the defendants "wilfully and wantonly breached the contract... to repair and rebuild the church organ causing the Rabalaises emotional distress." Rabalaias, 284 Ark. at 528 , 683 S.W.2d 919 . 2003This court agreed that the Rabalaises failed to state facts to support the outrage claim, where the complaint only asserted that the defendants "wilfully and wantonly breached the contract... to repair and rebuild the church organ causing the Rabalaises emotional distress." Rabalaias, 284 Ark. at 528 , 683 S.W.2d 919 . | 1 | 2003–2003 |
Cordes v. Outdoor Living Center, Inc.
green
2 sentences1998See, e.g., Croom, 323 Ark. 95 , 913 S.W.2d 283 ; Ross v. Patterson, 307 Ark. 68 , 817 S.W.2d 418 (1991); Cordes v. Outdoor Living Ctr., Inc., 301 Ark. 26 , 781 S.W.2d 31 (1989); Harris v. Arkansas Book Co., 287 Ark. 353 , 700 S.W.2d 41 (1985); Givens v. Hixson, 275 Ark. 370 , 631 S.W.2d 263 (1982). 1998See, e.g., Croom, 323 Ark. 95 , 913 S.W.2d 283 ; Ross v. Patterson, 307 Ark. 68 , 817 S.W.2d 418 (1991); Cordes v. Outdoor Living Ctr., Inc., 301 Ark. 26 , 781 S.W.2d 31 (1989); Harris v. Arkansas Book Co., 287 Ark. 353 , 700 S.W.2d 41 (1985); Givens v. Hixson, 275 Ark. 370 , 631 S.W.2d 263 (1982). | 1 | 1998–1998 |
Harris v. Arkansas Book Co.
green
2 sentences1998See, e.g., Croom, 323 Ark. 95 , 913 S.W.2d 283 ; Ross v. Patterson, 307 Ark. 68 , 817 S.W.2d 418 (1991); Cordes v. Outdoor Living Ctr., Inc., 301 Ark. 26 , 781 S.W.2d 31 (1989); Harris v. Arkansas Book Co., 287 Ark. 353 , 700 S.W.2d 41 (1985); Givens v. Hixson, 275 Ark. 370 , 631 S.W.2d 263 (1982). 1998See, e.g., Croom, 323 Ark. 95 , 913 S.W.2d 283 ; Ross v. Patterson, 307 Ark. 68 , 817 S.W.2d 418 (1991); Cordes v. Outdoor Living Ctr., Inc., 301 Ark. 26 , 781 S.W.2d 31 (1989); Harris v. Arkansas Book Co., 287 Ark. 353 , 700 S.W.2d 41 (1985); Givens v. Hixson, 275 Ark. 370 , 631 S.W.2d 263 (1982). | 1 | 1998–1998 |
Ross v. Patterson
green
2 sentences1998See, e.g., Croom, 323 Ark. 95 , 913 S.W.2d 283 ; Ross v. Patterson, 307 Ark. 68 , 817 S.W.2d 418 (1991); Cordes v. Outdoor Living Ctr., Inc., 301 Ark. 26 , 781 S.W.2d 31 (1989); Harris v. Arkansas Book Co., 287 Ark. 353 , 700 S.W.2d 41 (1985); Givens v. Hixson, 275 Ark. 370 , 631 S.W.2d 263 (1982). 1998See, e.g., Croom, 323 Ark. 95 , 913 S.W.2d 283 ; Ross v. Patterson, 307 Ark. 68 , 817 S.W.2d 418 (1991); Cordes v. Outdoor Living Ctr., Inc., 301 Ark. 26 , 781 S.W.2d 31 (1989); Harris v. Arkansas Book Co., 287 Ark. 353 , 700 S.W.2d 41 (1985); Givens v. Hixson, 275 Ark. 370 , 631 S.W.2d 263 (1982). | 1 | 1998–1998 |
Brown v. Tucker
green
2 sentences1998Brown, 330 Ark. 435 , 954 S.W.2d 262 . 1998Brown, 330 Ark. 435 , 954 S.W.2d 262 . | 1 | 1998–1998 |
Gerber Products v. McDonald
green
2 sentences1997That being so, we affirm the trial court’s decision because neither the plaintiff/ employees or nonemployees have provided proof of an outrage claim. 1 While Greeley testified to this version, he signed an earlier affidavit that Alexander knew the tile had asbestos. 2 In sum, appellant/employees advances the theory on appeal, by citing Gerber Products v. McDonald, 15 Ark. 1997App. 226 , 691 S.W.2d 879 (1985), and J. & G. | 1 | 1997–1997 |
Deitsch v. Tillery
green
2 sentences1997Angle v. Alexander, 328 Ark. 714 , 945 S.W.2d 933 (1997) (citing Deitsch v. Tillery, 309 Ark. 401 , 833 S.W.2d 760 (1992)). 1997Angle v. Alexander, 328 Ark. 714 , 945 S.W.2d 933 (1997) (citing Deitsch v. Tillery, 309 Ark. 401 , 833 S.W.2d 760 (1992)). | 1 | 1997–1997 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.