stating the elements of an IIED claim: “1. The wrongdoer’s conduct must be intentional or reckless; 2. The conduct must be outrageous and intolerable in that it offends against the generally accepted standards of decency and morality; 3. There must be a causal connection between the wrongdoer’s conduct and the emotional distress; and 4. The emotional distress must be severe.”
How later courts described this case
- stating the elements of an IIED claim: “1. The wrongdoer’s conduct must be intentional or reckless; 2. The conduct must be outrageous and intolerable in that it offends against the generally accepted standards of decency and morality; 3. There must be a causal connection between the wrongdoer’s conduct and the emotional distress; and 4. The emotional distress must be severe.”
- holding appellate court may properly consider, sua sponte, public records and government documents
- “It is a familiar and general rule of statutory construction that the mention of one thing implies the exclusion of another ....”
- “It is well settled law that a court may not add language to the written law to achieve a desired result.”
Written by the judges who cited it.
The opinion
SCHRODER, J.,
dissenting.
The bicameral confirmation requirement for members of the CPE contained in KRS 164.011(1) does not violate Section 93 of the Kentucky Constitution. The phrase in Section 93 regarding confirmation by the Senate is merely illustrative of how appointees could be confirmed. The phrase does not preclude a statute that requires confirmation by both chambers of the General Assembly. The language is clear; it says what it says.
CUNNINGHAM, J., joins.