Refusal to Limit the Applicability of the Tort of Outrage
Wilson v. University of Alabama Health Services Foundation, P.C., et al.
Plaintiff Lisa Wilson brought an action in the Circuit Court of Jefferson County against the University of Alabama Health Services Foundation and four of its doctor-employees. In late 2011, Wilson’s mother was diagnosed and underwent treatment for colon cancer. Wilson’s mother suffered a recurrence of her cancer in 2015, and was admitted to UAB Hospital. During that time, Wilson was treated by the defendant-doctors. Wilson’s complaint alleged that during the course of her mother’s treatment, the doctors made “numerous and repeated tactless comments” to Wilson and her mother, which included comments regarding her mother’s illness and impending death. One of the allegations included a comment to the effect that Wilson’s mother was wasting resources by being in the hospital, instead of dying at home. Wilson’s complaint alleged a single claim for damages based on the tort of outrage. The defendants filed a Rule 12(b)(6) motion to dismiss, arguing that Alabama law only recognized the tort of outrage in limited circumstances, and that the Court had repeatedly refused to expand the tort of outrage to include alleged extreme behavior in the healthcare context. The trial court dismissed the action. Wilson appealed.
Traditionally, the Alabama Supreme Court recognized the tort of outrage in three scenarios: (1) wrongful conduct in the family burial context, (2) in instances in which barbaric methods were employed to coerce an insurance settlement, and (3) in cases of severe sexual harassment. However, Wilson correctly noted in her brief that the Court had never held that outrage was only limited to those three circumstances. Thus, the Court held that the trial court’s statement that the tort of outrage was limited to three scenarios was an incorrect statement of the law. It therefore reversed the decision below dismissing Wilson’s complaint, and remanded the case for further proceedings.
