All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Car olina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be consid ered authoritative.
GEORGE E. GROVES v. THE TRAVELERS INSURANCE COMPANY, CHRISTINE
DE SIMONE, ANDY GREEN, and PORCELANITE, INC., f/k/a P&M TILE,
INC., f/k/a MANNINGTON CERAMIC TILE, INC.
Emotional Distress--intentional infliction--insufficient allegations
An action for intentional infliction of emotional distress is remanded to the Court of
Appeals for further remand to the superior court for reinstatement of its order granting judgment
on the pleadings for defendants for the reason stated in the dissenting opinion in the Court of
Appeals that defendants' alleged actions did not constitute extreme and outrageous conduct
sufficient to support such a claim.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of
a divided panel of the Court of Appeals, 139 N.C. App. 795, 535
S.E.2d 105 (2000), affirming in part and reversing in part an
order entered 28 April 1999 by Rousseau, J., in Superior Court,
Guilford County. Heard in the Supreme Court 13 March 2001.
Donaldson & Black, P.A., by Rachel Scott Decker and
Arthur J. Donaldson, for plaintiff-appellee.
Womble, Carlyle, Sandridge & Rice, P.L.L.C., by Richard T.
Rice and Garth A. Gersten, for defendant-appellants.
Mark T. Sumwalt, P.A., by Vernon Sumwalt, on behalf of the
North Carolina Academy of Trial Lawyers, amicus curiae.
Cranfill, Sumner & Hartzog, L.L.P., by Gloria T. Becker, on
behalf of the North Carolina Association of Self-Insurers,
amicus curiae.
PER CURIAM.
As to the issue of plaintiff's claim for intentional
infliction of emotional distress, we reverse the decision of the
Court of Appeals for the reasons stated in the dissenting opinion
of Judge McGee. Accordingly, we remand this case to the Court of
Appeals for further remand to the Superior Court, Guilford
County, for reinstatement of its order granting judgment on thepleadings in favor of defendants.
REVERSED.
Justice EDMUNDS did not participate in the consideration or
decision of this case.
*** Converted from WordPerfect ***