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HEINER v. SIMPSON

No. 20000220.

23 P.3d 1041 (2001)

2001 UT 39

Paul E. HEINER, Plaintiff and Appellant, v. Tom SIMPSON, Defendant and Appellee.

Supreme Court of Utah.

May 11, 2001.

Attorney(s) appearing for the Case

Robert F. Orton, M. Byron Fisher, Salt Lake City, for plaintiff.

Harold G. Christensen, Paxton R. Guymon, Salt Lake City, for defendant.

WILKINS, Justice:

¶ 1 The only issue presented in this case is whether, as a matter of law, plaintiff is precluded from bringing claims for intentional infliction of emotional distress and negligent infliction of emotional distress when also alleging a claim for alienation of affections. The district court found that plaintiff's claims for emotional distress were precluded and granted defendant's motion to dismiss those claims. We reverse and remand.

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