Opinion

Nelson v. WEB Water Development Ass'n, Inc.

  • 507 N.W.2d 691
  • 1993 S.D. LEXIS 136
  • 1993 WL 435871
Court
South Dakota Supreme Court
Filed
Oct 27, 1993
Status
Published
Author
Sabers
On the bench
Wuest, Henderson, Amundson, Miller, Sabers
Cited by
75 cases
Authority
More cited than 9.9%

holding that under South Dakota law, compensation for "negligent infliction of emotional distress requires manifestation of physical symptoms" and intentional infliction of emotional distress -11- requires "an extreme disabling emotional response"

How later courts described this case

  • holding that under South Dakota law, compensation for "negligent infliction of emotional distress requires manifestation of physical symptoms" and intentional infliction of emotional distress -11- requires "an extreme disabling emotional response"
  • holding an ordinary citizen can be deemed a public figure for the limited range of issues in which the individual injects himself or is drawn into by a particular controversy
  • deciding only that the plaintiff was a limited-purpose public figure; no claim was made that the plaintiff was a general-purpose public figure
  • reversing grant of summary judgment on issue of breach of contractual good faith *1036 and fair dealing where high court determined a valid employment contract existed

Written by the judges who cited it.

The opinion

SABERS, Justice

(concurring specially).

I write specially to point out that Issue II (Employee Handbook), Issue III (Conversion of Salary),' and Issue V (Breach of Covenant Within Contract), are all included within Issue I dealing with breach of employment contract. Therefore, damages arising therefrom, if any, should be included in Issue I to prevent double recovery. Greenwood Ranches, 629 F.2d 518 ; Hoovestol, 479 N.W.2d 854 .

I write specially on Issue VII, Intentional Infliction of Emotional Distress, to point out that it includes reckless conduct resulting in emotional distress. Petersen v. Sioux Valley Hospital Ass’n, 491 N.W.2d 467, 469 (S.D.1992); Wangen v. Knudson, 428 N.W.2d 242, 246 (S.D.1988).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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