Kornick v. Goodman

Plaintiff filed a lawsuit against the defendant alleging intrusion on seclusion based on the defendant’s surveillance of his wife, with whom plaintiff was involved in a relationship. Defendant filed a counterclaim alleging intentional infliction of emotional distress due to text messages that the plaintiff had sent to the defendant’s minor son. Plaintiff ultimately voluntarily dismissed his complaint. The trial court then granted summary judgment on the counterclaims in favor of the plaintiff and defendant appealed. The appellate court reversed and remanded, finding that a question of material fact existed both as to whether plaintiff’s conduct was so reckless or outrageous to warrant the imposition of liability and whether defendant suffered severe emotional distress as a result of plaintiff’s conduct. (McLAREN and HUTCHINSON, concurring)