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Odom v. Fairbanks Memorial Hospital Lutheran Health Systems3/17/2000
ruled by this court "absent an abuse of discretion." Id.
This court has held that liability for intentional infliction of emotional distress should only be found when "'the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.'" Hawks v. State, Dep't of Pub. Safety, 908 P.2d 1013, 1016 (Alaska 1995) (quoting Oaksmith v. Brusich, 774 P.2d 191, 200 (Alaska 1989)). The conduct in which FMH allegedly engaged reaches the level of outrageousness necessary for Odom to state a claim for intentional infliction of emotional distress. Paragraphs 3, 7, 8, 35, 119, and 125 of Odom's complaint allege facts sufficient to state a claim of intentional infliction of emotional distress.
IV. CONCLUSION
Odom's complaint alleges facts which if proven are sufficient to state a claim for unreasonable restraint of trade, group boycott, attempted monopolization, defamation, breach of oral contract, unfair trade practices, interference with a prospective economic advantage, and intentional infliction of emotional distress. Accordingly, we REVERSE the superior court's dismissal of these claims and its awards of attorney's fees to FMH and to the doctors and Anesthesia Associates, Inc.
FABE, Justice, concurring in part and dissenting in part.
I disagree with the court's view that Odom has alleged a prima facie case of defamation. Although the court is correct in its determination that Fairbanks Memorial Hospital should not be liable for its report to the National Practitioner Data Bank, the court also concludes that "Odom's defamation claim asserts many communications other than the falsity of the stated reasons report to the Data Bank" and thus "alleges a prima facie case of defamation." It is with this conclusion that I disagree.
Odom's complaint contains a broad charge that FMH engaged in a pattern of communicating "false and fraudulent information against the Plaintiff" and avers that these communications "occurred on numerous occasions by United States mail, telephone, in person, and through other forms of fraudulent communications." But the only specific instances of defamation described in the complaint are FMH's report to the National Practitioner Data Bank, which this court has disallowed as a basis for a claim of defamation, and Odom's own report of his predicament to insurance companies and lending institutions. The question presented to the superior court in the motion to dismiss was whether these latter instances of "self-publication" could form the basis of a defamation claim. The superior court decided that they could not, dismissing the defamation claim on the basis that "the statements were not false or defamatory because Odom had lost his hospital privileges. Also, the statements were not concerning another, as Odom relayed the information about his predicament."
In his briefing before us on appeal, Odom does not contest the superior court's conclusion that "Odom has self-published, which is not grounds for a defamation action." Instead, he argues that FMH's transmission of information about his terminated privileges to the National Practitioner Data Bank forms the basis of his defamation claim:
efendants have uttered and published false and defamatory statements about plaintiff in writing and, upon information and belief, orally, with respect to plaintiff's conduct, employment, career, and fitness to practice medicine. . . .
In support of this allegation, Odom alleged the following:
Gingerich sent notification of Odom's termination to the U.S. Nat
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