Chapter 16 - § 16.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 16.1 • INTRODUCTION

This chapter addresses tort claims for the infliction of emotional distress. Tort claims for emotional distress in Colorado are of two types: negligent or intentional. The chapter begins by looking at claims for the negligent infliction of emotional distress in the employment context. The chapter will briefly explore the common law origins and current status of such claims and illustrate why they rarely arise out of the employment relationship.

The chapter then discusses claims for the intentional infliction of emotional distress, also known as outrageous conduct. The facts that will support an outrageous conduct claim in the employment context are rare indeed. Nonetheless, such a claim can survive a motion for summary judgment if the conduct is sufficiently outrageous, and the chapter will examine the fact patterns that will give rise to such a claim.

One factor that certainly must be considered when addressing these claims concerns the exclusivity provisions of the Workers' Compensation Act of Colorado. See C.R.S. §§ 8-40-101, et seq. Generally, the Act provides the exclusive remedy to a covered employee for injuries incurred in the course of and arising out of the employment relationship. Kandt v. Evans, 645 P.2d 1300, 1302 (Colo. 1982). The Act precludes employee tort actions against an employer for...