Doris Tibke, Tana Koch, and Misty Koch, Plaintiffs and Appellants v. Don McDougall, Tom Bennington, Joann…

Summary

The South Dakota Supreme Court affirmed the trial court's dismissal of Tibke's slander and intentional infliction of emotional distress claims and its partial summary judgment for defendants on her tortious interference claim. The court held that defendants' communications were conditionally privileged and made without malice, that defendants' conduct was not extreme and outrageous, and that Tibke failed to show tortious interference with any business relationship except possibly with the Thomases (against Tom Bennington only). The court also adopted a definitive five-element test for tortious interference with business relationships or expectancy and definitively settled the elements of intentional infliction of emotional distress, adhering to Groseth I and Mackintosh v. Carter.