R.D. v. W.H
In R.D. v. W.H., 875 P.2d 26 (Wyo. 1994), the husband of a woman who committed suicide claimed her stepfather caused her death by sexually abusing her as a child and adolescent and providing her with the means to kill herself when he knew she was suicidal.
The Court expressly recognized a claim for third party intentional infliction of emotional distress as described in 46 of the Restatement (Second) of Torts:
"(2) Where extreme and outrageous conduct is directed at a third person, the actor is subject to liability if he intentionally or recklessly causes severe emotional distress
(a) to a member of such person's immediate family who is present at the time, whether or not such distress results in bodily harm, or
(b) to any other person who is present at the time, if such distress results in bodily harm."
(R.D., 875 P.2d at 32.)
The Court said:
"Husband and the minor child were present in the immediate aftermath of the tragic results of stepfather's outrageous conduct, and the suicide was the final result of a continuing course of conduct instigated by stepfather. Accordingly, husband sufficiently pleaded a cause of action for intentional infliction of emotional distress, and his claim should not have been dismissed."R.D., 875 P.2d at 33-34.