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McSWAIN v. SHEI

23354

304 S.C. 25 (1991)

402 S.E.2d 890

Marie H. McSWAIN, Respondent v. Shink SHEI, Individually, and as President of Go Sport, Inc., and Go Sport, Inc., a Corporation, Appellants.

Supreme Court of South Carolina.

Decided February 25, 1991.

Attorney(s) appearing for the Case

Wade E. Ballard and Kevin Sturm, both of Edwards, Ballard, Bishop, Sturm and Clark, P.A., Spartanburg, for appellants.

Franklin S. Henson, Spartanburg, for respondent.

Heard April 4, 1990.

Decided Feb. 25, 1991.

TOAL, Justice:

The dispositive issue in this case is whether an employee may maintain a common law action for intentional infliction of emotional distress against her employer. We conclude that when an employee alleges sufficient facts to support a cause of action for an intentional infliction of emotional distress, the action is not barred by the exclusivity provision...

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