concurring in part and dissenting in part.
I respectfully dissent from the majority regarding plaintiff Waddle’s claims. I do not believe she has made out a claim for intentional infliction of emotional distress or negligent hiring.
One of the key elements of the tort of intentional infliction of emotional distress is proving that the defendant intentionally or recklessly caused severe emotional distress. Stanback v. Stanback, 297 N.C. 181, 196, 254 S.E.2d 611, 621-22 (1979). Furthermore, for purposes of summary judgment, we must decide whether, as a matter of law, the conduct complained of “may reasonably be found to be sufficiently outrageous as to permit recovery.” Hogan v. Forsyth Country Club Co., 79 N.C. App. 483, 490, 340 S.E.2d 116, 121, disc. rev. denied, 317 N.C. 334, 346 S.E.2d 140 (1986).
The majority opinion cites an occasion when defendant Sparks made a comment about “Bill’s balls.” I think it is important to note that this statement was in response to a female worker’s comment to him, whereby the worker shouted to Sparks, “Jack, listen over here. Frances is worried about whether Bill’s greased his balls or not.” Sparks responded, “what are you worrying about Bill’s balls for.” These comments were not directed at the plaintiff and were obviously made in response to some off-color joking made by another female employee.
The comments made by defendant Sparks about Waddle’s “pussy finger” relative to an infected finger with pus and her having “four holes” and knowing how to use them, were directed at Waddle. Even if we assume that the plaintiff has shown that these comments could reasonably be found to be sufficiently outrageous as to permit recovery, she still must show that these statements were intended to cause and did cause her severe emotional distress. Waddle alleged that she was continually upset and frequently cried. However, she has made no showing on this point. Her deposition reveals only one incident where she testified that she was crying:
I went in the office where he [Sparks] was-was when I first started threading ... I went in and told him that Virginia McKee had left the machine that she was working on with me and had gone off to a machine with Frances Russell to work. And that instead of Virginia going on to the next machine like she was supposed to with a cutout, she left the cutout for me. And I told him, I was getting the dirty work. And *137he said, ‘No, No. Virginia would never do anything like this. Virginia would never do that.’. . . And I was crying, very upset. I sat there until I got through crying. He talked to me a little bit, and he said, ‘Virginia-Virginia’s not like that, she’d never do that.’
This is the only testimony offered by the plaintiff that she was emotionally distressed by the defendant’s conduct. She also stated that she complained to her supervisors about the conduct and eventually left her job. There is no other testimony to show that Sparks intended to cause or did cause Waddle severe emotional distress. This is hardly a showing of distress at all, much less severe distress. The above testimony has nothing to do with any conduct by defendant Sparks. Plaintiff admits that she never directly complained to Sparks about any of his alleged remarks. Plaintiff has completely failed to show that Sparks intended to cause and did in fact cause her severe emotional distress. Plaintiff apparently was upset by “Virginia’s” actions much more than Sparks.
As one offended by the language in “R” rated movies, having seen only one in the last five years, I certainly do not sanction vulgar or even off-color innuendo. Our business here is not to impose our personal preferences but to follow the law as we see it. I do not see proof of “extreme or outrageous” behavior here nor intentional infliction of “severe” emotional distress nor any forecast of proving any of it.
I would also affirm the dismissal of Waddle’s claim as to the negligent retention of an employee. Before an employer can be held liable, plaintiff must show that the incompetent employee committed a tortious act resulting in injury to plaintiff and that prior to the act, the employer knew or had reason to know of the employee’s incompetency. Pleasants v. Barnes, 221 N.C. 173, 19 S.E.2d 627 (1942). Intentional infliction of emotional distress by Sparks is the underlying tortious conduct relied upon by Waddle to establish her claim. Because I believe Waddle has failed to make out the underlying tort, she may not maintain an action based upon Guilford Mills’ retention of Sparks. See Hogan v. Forsyth Country Club Co., supra. I would therefore affirm the order of the trial court.