Attenta, Inc. v. Calhoun
Annotate this CaseThis case arose out of a workplace accident in which Lee Calhoun, Jr., Plaintiff Lula Calhoun's husband, was fatally injured. Mrs. Calhoun filed a complaint against her husband's employer seeking worker's compensation death benefits. The circuit court eventually entered an order awarding Mrs. Calhoun 375 weeks in death benefits. The order also released one party, Linden, Inc., from further liability. The court did not certify this order as final. In the meantime, litigation involving a host of other parties proceeded. The parties exchanged correspondence regarding settlement of Mrs. Calhoun's claims. While the back-and-forth continued on settlement, Mrs. Calhoun filed suit against three parties, including Linden, alleging the torts of outrage, fraud and conspiracy. In this suit, she alleged that while attempting to negotiate settlement with Linden, a dispute arose over the terms of Linden's waiver, ending with Linden halting the workers' compensation death benefit payments. Linden and its two co-defendants unsuccessfully moved to dismiss Mrs. Calhoun's last suit. The case was tried solely on outrage, ending with a jury awarding Mrs. Calhoun over $3.6 million in compensatory and punitive damages. Attenta, Inc., one of Linden's co-defendants, appealed. On appeal to the Supreme Court, Attenta argued that the circuit court lacked subject matter jurisdiction over the outrage claim, contending that the controlling issue was at the center of the dispute in the wrongful death action. Upon review, the Supreme Court agreed, vacated the circuit court's judgment, and dismissed the case and appeal.
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