offending party warrant claim in Alaska

2000This court has stated that a trial judge "should make a threshold determination whether the severity of the emotional distress and the conduct of the offending party warrant a claim of intentional infliction of emotional distress." Id.

2000This court has stated that a trial judge “should make a threshold determination whether the severity of the emotional. distress and the conduct of the offending party warrant a claim of intentional infliction of emotional distress.” Id.

2016With respect to the intentional infliction of emotional distress claim, the court cited Chizmar v. Mackie11 for the proposition that it must make a “threshold determination ‘whether the severity of the emotional distress and the conduct of the offending party warrant an instruction on intentional infliction of emotional distress.’ ” The court concluded that the Cornelisons did “not present any specific emotional injuries 11 896 P.2d 196, 208 (Alaska 1995). -11- 7119 resulting from [the] defendants’ conduct” but “only generally claim[ed] ‘emotional distress.’ ” After summarizing some case law,

2004We note that in cases tried before a jury, "as a threshold matter, the court must determine 'whether the severity of the emotional distress and the conduct of the offending party warrant an instruction on intentional infliction of emotional distress.' " Chizmar, 896 P.2d at 208 (citations omitted). 38 .

2023We observe that the superior court’s grant of summary judgment against Watkinson on these points appears to be based not upon any failure of Watkinson to set forth admissible evidence establishing or 20 Christensen v. NCH Corp., 956 P.2d 468, 473 (Alaska 1998). 21 Leahy v. Conant, 447 P.3d 737, 742-43 (Alaska 2019). 22 Cameron v. Beard, 864 P.2d 538, 548 (Alaska 1993) (citing Teamsters Loc. 959 v. Wells, 749 P.2d 349, 357 (Alaska 1988)). 23 Richardson v. Fairbanks North Star Borough, 705 P.2d 454, 456 (Alaska 1985). 24 Jones v. State, Dep’t of Corr., 125 P.3d 343, 346 (Alaska 2005). -13- 7677

1995However, as a threshold matter, the court must determine “whether the severity of the emotional distress and the conduct of the offending party warrant an instruction on intentional infliction of emotional distress.” Id. at 357 ; Richardson v. Fairbanks N. Star *209 Borough, 705 P.2d 454, 456 (Alaska 1985).

2023We observe that the superior court’s grant of summary judgment against Watkinson on these points appears to be based not upon any failure of Watkinson to set forth admissible evidence establishing or 20 Christensen v. NCH Corp., 956 P.2d 468, 473 (Alaska 1998). 21 Leahy v. Conant, 447 P.3d 737, 742-43 (Alaska 2019). 22 Cameron v. Beard, 864 P.2d 538, 548 (Alaska 1993) (citing Teamsters Loc. 959 v. Wells, 749 P.2d 349, 357 (Alaska 1988)). 23 Richardson v. Fairbanks North Star Borough, 705 P.2d 454, 456 (Alaska 1985). 24 Jones v. State, Dep’t of Corr., 125 P.3d 343, 346 (Alaska 2005). -13- 7677

2023We observe that the superior court’s grant of summary judgment against Watkinson on these points appears to be based not upon any failure of Watkinson to set forth admissible evidence establishing or 20 Christensen v. NCH Corp., 956 P.2d 468, 473 (Alaska 1998). 21 Leahy v. Conant, 447 P.3d 737, 742-43 (Alaska 2019). 22 Cameron v. Beard, 864 P.2d 538, 548 (Alaska 1993) (citing Teamsters Loc. 959 v. Wells, 749 P.2d 349, 357 (Alaska 1988)). 23 Richardson v. Fairbanks North Star Borough, 705 P.2d 454, 456 (Alaska 1985). 24 Jones v. State, Dep’t of Corr., 125 P.3d 343, 346 (Alaska 2005). -13- 7677

2023We observe that the superior court’s grant of summary judgment against Watkinson on these points appears to be based not upon any failure of Watkinson to set forth admissible evidence establishing or 20 Christensen v. NCH Corp., 956 P.2d 468, 473 (Alaska 1998). 21 Leahy v. Conant, 447 P.3d 737, 742-43 (Alaska 2019). 22 Cameron v. Beard, 864 P.2d 538, 548 (Alaska 1993) (citing Teamsters Loc. 959 v. Wells, 749 P.2d 349, 357 (Alaska 1988)). 23 Richardson v. Fairbanks North Star Borough, 705 P.2d 454, 456 (Alaska 1985). 24 Jones v. State, Dep’t of Corr., 125 P.3d 343, 346 (Alaska 2005). -13- 7677

2023We observe that the superior court’s grant of summary judgment against Watkinson on these points appears to be based not upon any failure of Watkinson to set forth admissible evidence establishing or 20 Christensen v. NCH Corp., 956 P.2d 468, 473 (Alaska 1998). 21 Leahy v. Conant, 447 P.3d 737, 742-43 (Alaska 2019). 22 Cameron v. Beard, 864 P.2d 538, 548 (Alaska 1993) (citing Teamsters Loc. 959 v. Wells, 749 P.2d 349, 357 (Alaska 1988)). 23 Richardson v. Fairbanks North Star Borough, 705 P.2d 454, 456 (Alaska 1985). 24 Jones v. State, Dep’t of Corr., 125 P.3d 343, 346 (Alaska 2005). -13- 7677

2004See Nelson v. Progressive Corp., 976 P.2d 859, 868 (Alaska 1999) (upholding directed verdict that no severe distress occurred because "no reasonable jury could make the requisite finding”); Teamsters Local 959 v. Wells, 749 P.2d 349 , 358 n. 14 (Alaska 1988) (upholding determination that severe distress was established as a matter of law where “a reasonable jury would not have differed”); State, Dep't of Corrections v. Johnson, 2 P.3d 56, 64 (Alaska 2000). 25 .

2004See Nelson v. Progressive Corp., 976 P.2d 859, 868 (Alaska 1999) (upholding directed verdict that no severe distress occurred because "no reasonable jury could make the requisite finding”); Teamsters Local 959 v. Wells, 749 P.2d 349 , 358 n. 14 (Alaska 1988) (upholding determination that severe distress was established as a matter of law where “a reasonable jury would not have differed”); State, Dep't of Corrections v. Johnson, 2 P.3d 56, 64 (Alaska 2000). 25 .

2004Cf. Meidinger v. Koniag, Inc., 31 P.3d 77, 87 (Alaska 2001) ("The trial court must make a threshold determination whether the severity of the emotional distress and the conduct of the offending party warrant an instruction on intentional infliction of emotional distress.”) (quotation marks omitted). 24 .