Bodewig v. K-Mart, Inc.
Court of Appeals of Oregon
635 P.2d 657 (Or. Ct. App. 1981)
K-Mart cashier Linda Bodewig (plaintiff) was accused by customer Alice Golden of stealing $20 Golden claimed to have left on the counter. K-Mart's manager (defendant) searched Bodewig's jacket and the surrounding area, checked her register (which balanced perfectly), and then had her disrobe in the women's restroom in front of Golden and a female assistant manager. No money was found, and Golden did not verify her purse until she got home, where she discovered she had simply been mistaken. Bodewig sued K-Mart and Golden for outrageous conduct, alleging lost sleep, crying, and lasting nervousness. The trial court granted summary judgment for the defendants, and Bodewig appealed.
Whether an employer may be held liable in tort for outrageous conduct causing emotional distress even when the employer did not intend to inflict that distress.