WEST virginia legislature

2016 regular session

Introduced

Senate Bill 295

By  Senator Trump

[Introduced January 14, 2016; referred to the
Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-30, relating to abolishing the tort of outrage.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §55-7-30, to read as follows:

ARTICLE 7.  ACTIONS FOR INJURIES.

§55-7-30.  Tort of outrage abolished.

To the extent that the tort of outrage is a separate tort from the tort of intentional infliction of emotional distress, the tort of outrage is hereby abolished in the State of West Virginia:  Provided, That nothing in this section shall limit the ability for a plaintiff to recover under the tort of intentional infliction of emotional distress.

NOTE: The purpose of this bill is to abolish the tort of outrage.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.