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Editor's note: opinion released August 31, 2000

SUPREME COURT OF LOUISIANA 99-C-2522 RODNEY NICHOLAS, ET UX. Versus ALLSTATE INSURANCE COMPANY, ET AL. On Writ of Certiorari to the Court of Appeal, Second Circuit, Parish of Caddo KNOLL, J.* This case concerns an employee's suit against his employer and a supervisor for intentional infliction of emotional distress associated with his termination of employment. We wanted to examine the judgment of the appellate court which affirmed an award of $850,000 for emotional distress and loss of enjoyment of life, as well as $15,000 for loss of consortium, in light of our earlier pronouncement in White v. Monsanto, 585 So. 2d 1205 (La. 1991). We find that the appellate court erred in failing to find that the jury required specific instructions on the elements of liability recognized in White. After conducting a de novo review of the record in this limited regard, we reverse, finding that the evidence does not reach the high threshold for intentional infliction of emotional distress established in White. FACTS Rodney Nicholas ("Nicholas") began working on April 11, 1971, as an Allstate Insurance Company ("Allstate") agent in Shreveport, Louisiana. In its recruitment of Nicholas, Allstate presented him and his wife, Neva, with written materials and showed a filmstrip, "The Promise," which expounded upon the benefits of working for Allstate and explained his potential for earning substantial income from renewal commissions

*

Victory, J., recused, not on panel. Rule IV, Part 2,

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Louisiana Law