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Topic: Intentional infliction of emotional distress

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	OUTRAGE DEFENDANTS
		“Intentionally" means that Defendants desired to inflict severe emotional distress upon Plaintiff or knew to a certainty or substantial certainty that this distress would result from their actions.
		Severe emotional distress for the purposes of this instruction, means emotional distress of such substantial quality or enduring quality that no reasonable person in civilized society should be expected to endure it.
		In order for [the defendant] to be liable for the emotional distress, however, [the defendant's] conduct must be so outrageous in character and so extreme in degree as to be beyond all reasonable bounds of decency and to be regarded as atrocious and utterly intolerable in a civilized community.
	www.state.wv.us /wvsca/jury/outrage.htm (797 words)

	Intentional infliction of emotional distress - Wikipedia, the free encyclopedia
		Intentional infliction of emotional distress (IIED) is a common law tort claim for intentional conduct that results in extreme emotional distress.
		IIED was created to guard against this kind of emotional abuse, thereby allowing a victim of emotional distress to receive compensation in situations where he she would otherwise be barred from compensation under the common law form.
		A reckless disregard for the likelihood of causing emotional distress is sufficient.
	en.wikipedia.org /wiki/Intentional_infliction_of_emotional_distress (610 words)

	Negligent infliction of emotional distress - Wikipedia, the free encyclopedia
		The tort is to be contrasted with intentional infliction of emotional distress in that there is no need to prove intent to inflict distress.
		If a victim is intentionally injured by a person, many theorists perceive that the victim will tend to recast the claim as being one for negligence in order to fall within the coverage of the insurance policy.
		The Court then went on to hold that Texas did not recognize a claim for negligent infliction of emotional distress and remanded the case to the trial court for consideration of a claim for intentional infliction of emotional distress.
	en.wikipedia.org /wiki/Negligent_infliction_of_emotional_distress (645 words)

	Coon v
		We hold that he is not entitled to recover for negligent infliction of emotional distress as a matter of law because he fails to establish the "close relationship" requirement under Dillon v.
		Intentional infliction of emotional distress requires conduct which is especially calculated to cause and does cause the claimant mental distress of a very serious nature.
		However, recovery for negligent infliction of emotional distress is not limited to couples that are married.
	www.danpinello.com /Coon.htm (4206 words)

	Hustler Magazine v. Falwell (1988)
		The jury ruled for respondent on the intentional infliction of emotional distress claim, however and stated that he should be awarded $100,000 in compensatory damages, as well as $50,000 each in punitive damages from petitioners.[note 2] Petitioners' motion for judgment notwithstanding the verdict was denied.
		Respondent is thus relegated to his claim for damages awarded by the jury for the intentional infliction of emotional distress by "outrageous" conduct.
		Under Virginia law, in an action for intentional infliction of emotional distress a plaintiff must show that the defendant's conduct (1) is intentional or reckless; (2) offends generally accepted standards of decency or morality; (3) is causally connected with the plaintiff's emotional distress; and (4) caused emotional distress that was severe.
	www.bc.edu /bc_org/avp/cas/comm/free_speech/hustler.html (2815 words)

	LAWstyle
		It found that a majority of the states now recognize intentional infliction of emotional distress as a separate and distinct basis of tort liability, apart from any other tort, thus repudiating [612] earlier holdings that claims for emotional distress** could not be sustained except as a parasitic element of damage accompanying a recognized tort.
		Woman's Hospital, 527 S.W.2d 133 (1975), the Court of Appeals of Tennessee found that severe emotional distress was established by evidence [***21] showing nervous shock sustained by a mother whose newly born deceased infant was displayed to her in a jar of formaldehyde.
		The intensity and duration of Harris' emotional distress is nowhere reflected in the evidence.
	www.clas.ufl.edu /users/rlauriau/Law/Harris.html (3445 words)

	Family Law Consulting - Family Law Reader
		To recover in an action for intentional infliction of emotional distress, a plaintiff must show (1) conduct that is intentional or reckless; (2) conduct that is also extreme and outrageous; (3) a causal connection between the wrongful conduct and the emotional distress; and (4) emotional distress that is severe.
		Although both have the emotional distress of plaintiff as a primary element of damages, and thus, may appear to overlap, the infliction of emotional distress is a separate, recognizable tort.
		The gravamen of the intentional infliction of emotional distress claim, the court concluded, was not the sexual act or the alienation of the wife’s affections.
	www.famlawconsult.com /archive/reader200209.html (2009 words)

	damagesemotionaldistress
		The jury returned a verdict against the Burgesses for breach of contract and intentional infliction of emotional distress and awarded her $1,000 for the fair market value of the horses, $50,000 in compensatory damages for outrageous conduct and $75,000 in punitive damages.
		The trial court did not err in dismissing the Kautzmans’ claim for intentional infliction of emotional distress because the circumstances are simply insufficient to constitute extreme and outrageous conduct on the part of the law enforcement officers.
		Limiting recovery for emotional distress caused by negligent damage to property to the human companion of a companion animal who is killed would not definitively meet public policy concerns.
	www.animallaw.com /damagesemotionaldistress.htm (8174 words)

	INTENTIONAL INFLICTION OF DISTRESS IN MARITAL CONTEXT - Innocent Dads - iDads (Site not responding. Last check: )
		Liability for intentional infliction of emotional distress extends to situations in which there is no certainty, but merely a high degree of probability, that the mental distress will follow, and the defendant goes ahead in conscious disregard of it.
		When the defendant is in a peculiar position to harass the plaintiff and cause emotional distress, his or her conduct will be carefully scrutinized by the courts in determining whether it constitutes intentional infliction of emotional distress.
		A former spouse would be entitled to bring a tort action against his former wife, seeking recovery under theories of misrepresentation and infliction of emotional distress, based upon the former wife's misrepresentation of paternity of the children born during the marriage, the court held in G.A.W., III v.
	www.richswebdesign.com /idads/distress.htm (594 words)

	Dwyer & Collora, LLP (Site not responding. Last check: )
		for the defendant employer on the former employee's intentional infliction of emotional distress claim based on the employer's disclosure to an employment agency that the circumstances surrounding the employee's departure was the subject of a police investigation.
		March 23, 1994) (22 M.L.W. A claim for intentional infliction of emotional distress brought by a former corrections officer of Lebanese descent and a member of the Sunni Muslim faith, survived a motion to dismiss.
		The district Court entered summary judgment on a pathologist's claim for negligent infliction of emotional distress against his former employer on the ground that it is barred by the exclusivity clause of the Massachusetts Workers' Compensation Act.
	www.dwyercollora.com /article.cfm?cmf_id=409 (1803 words)

	Florida Emotional Distress Attorney \| West Palm Beach Intentional Infliction of Emotional Distress Lawyer \| Law Offices ...
		Often, emotional distress is a result of a criminal act on a person though it may also be inflicted alone.
		Supporting emotional distress laws is the general principal that everyone must exercise some amount of reasonable care not to cause any undue mental distress to anyone else.
		There are many examples of Florida emotional distress cases and these include criminal acts, intentionally withholding important information, deliberately causing an uncomfortable working or living situation, committing fraud which would be expected to cause emotional distress, or intentionally and repeatedly abusing someone else, among others.
	www.willislaw.com /practice_personalinjury_emotional.htm (703 words)

	Alienation of Affection -- Quinn v. Walsh. Heart balm torts: Statute of Limitations, Emotional Distress, Alienation of ...
		We have said that where the claim arises from the intentional infliction of emotional distress, the injury occurs on the date a plaintiff first experiences anxiety or distress which is the intended result of the defendant's conduct.
		However, as we discuss infra, the "intentional" component of the tort of intentional infliction of emotional distress may be also be met by a showing that the defendant intended to commit the act without regard for the distress which was the likely result of his conduct.
		Although denominated an "intentional" tort, a review of decisions in which the cause of action has survived a motion to dismiss indicates that the majority of such actions are based, not on conduct engaged in for the purpose of causing distress, but on conduct which the actor should have known would result in distress.
	falseallegations.com /heart-balm.htm (4400 words)

	149 Wn.2d 192, Kloepfel v. Bokor
		We hold that the objective symptomatology requirement, which properly applies to the tort of negligent infliction of emotional distress, is not a requirement for proof of intentional infliction of emotional distress or outrage.
		However, as with the claim of negligent infliction of emotional distress, to survive summary judgment [the plaintiff] necessarily had to establish that the emotional distress is manifested by objective symptoms." Haubry, 106 Wn.
		Normally, severe emotional distress is accompanied or followed by shock, illness, or other bodily harm, which in itself affords evidence that the distress is genuine and severe.
	www.mrsc.org /mc/wacourts/supreme/149wn2d/149wn2d0192.htm (2692 words)

	STATE OF MICHIGAN
		The tort of intentional infliction of emotional distress requires the plaintiff to establish (1) extreme and outrageous conduct, (2) intent or recklessness, (3) causation, and (4) severe emotional distress.
		for the intentional infliction of emotional distress has been found only where the challenged conduct was so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community.
		Counter-plaintiff's alleged mental distress at discovering the materials for an explosive device, without further elaboration, does not rise to the level of severe emotional distress necessary to support his tort claim.
	www.michbar.org /opinions/appeals/2000/080800/7832.html (528 words)

	[No title]
		On appeal, McDermott argues that his action for intentional infliction of emotional distress is separate and distinct from an action for alienation of affection.
		Thus, the fact that McDermott labels his claim as intentional infliction of emotional distress and recites the elements of that tort in support of his action does not shield the action from the statutory bar.
		By using this analysis, we effectuate that intent and foreclose a revival of the abolished tort of alienation of affection asserted in the guise of an action for intentional infliction of emotional distress.
	www.courts.state.va.us /opinions/opnscvtx/1992028.txt (1234 words)

	Miller v. Peraino
		The Peraino's answered with a claim of intentional infliction of emotional distress resulting from both the dog's death and the veterinarian's behavior during the picketing, which the lower court dismissed.
		Fox, the court held that intentional infliction of emotional distress cannot legally be founded upon a veterinarian's behavior toward an animal.
		One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm.
	www.animallaw.info /cases/causpa626a2d637.htm (2105 words)

	Intentional infliction of emotional distress allowed under the FTCA - Truman v. United States, 26 F.3d 592 (5th Cir. ...
		And, a claim for intentional infliction of emotional distress based on the conduct described in Truman's complaint is not barred by an exception to the FTCA.
		If the conduct on which Truman bases her claim for intentional infliction of emotional distress constitutes a claim "arising out of" what is traditionally taken to be a tort enumerated in section 2680(h), then Truman's claim is barred.
		Intentional infliction of emotional distress may have similarities with assault, battery, and slander, but it does not have an identity sufficient for one to conclude that it is symbiotic with assault, battery, or slander.
	biotech.law.lsu.edu /cases/immunity/truman.htm (2826 words)

	WLJ - Emotional distress claim viable
		Negligent infliction of emotional distress is a viable tort in Wisconsin, the Wisconsin Court of Appeals held on July 25.
		The intentional infliction claim against Anthony was dismissed, and the Camps moved to amend their complaint to allege negligent infliction of emotional distress against Anthony.
		The court of appeals rejected Rabideau’s negligent infliction claim, concluding that, despite the strong bonds formed between humans and pets, a dog is only property under the law and public policy barred recovery for emotional distress caused by damage to property.
	www.wislawjournal.com /archive/2006/0802/distress.html (620 words)

	Curtis v. Porter
		In the amended complaint, Curtis asserted claims for both negligent and intentional infliction of emotional distress,{5} and sought recovery for the emotional, but not the physical, harm she suffered during the assault.{6} The Superior Court entered a final judgment in favor of Gagne on Gagne's motion for summary judgment pursuant to M.R. Civ.
		Therefore, although negligent infliction claims are now routinely added to complaints stating a cause of action in tort, this practice is rarely necessary unless the claim is made by a bystander or against one with a special relationship to the plaintiff.
		Thus, her negligent infliction claim is subsumed in the intentional infliction claim, and the court appropriately granted summary judgment on that claim.
	www.courts.state.me.us /opinions/documents/01me158c.htm (2207 words)

	[No title]
		Plaintiff asserts that an action for intentional infliction of emotional distress is cognizable under the FELA without such evidence, as long as the defendantÀÀs conduct was extreme and outrageous.
		Plaintiff asserts that other federal courts have held that a claim for intentional infliction of emotional distress is cognizable under the FELA without any showing of physical contact or the threat of physical contact, as long as the plaintiff shows unconscionable or outrageous abuse by the defendant.
		The Seventh CircuitÀÀs requirement that a plaintiff establish physical contact or the threat thereof to state a claim for intentional infliction of emotional distress under the FELA is consistent with this reasoning.
	www.state.il.us /court/opinions/SupremeCourt/1999/June/Opinions/WP/85821.doc (4181 words)

	Richardson v. Fairbanks North Star Borough
		The court recognized that the loss of a beloved pet can be especially distressing in egregious situations, and indicated it is willing to recognize a cause of action for intentional infliction of emotional distress for the intentional or reckless killing of a pet animal in an appropriate case.
		Therefore, we are willing to recognize a cause of action for intentional infliction of emotional distress for the intentional or reckless killing of a pet animal in an appropriate case.
		The trial court's error was harmless because the severity of the Richardsons' emotional distress did not warrant a claim of intentional infliction of emotional distress.
	www.animallaw.info /cases/causak705p2d454.htm (1262 words)

	Infliction of Emotional Distress - Intentional Negligent
		Intentional infliction of emotional distress is caused by the willfulness or malice from one individual (or company) towards another individual.
		Intentional infliction of emotional distress involves outrageous and extreme conduct that goes beyond the bounds of common human decency and causes emotional harm to another.
		Intentional infliction of emotion distress claims may also be a part of slander, libel and defamation of character cases.
	www.personal-injury-info.net /infliction-emotional-distress.htm (564 words)

	Summary judgment for intentional infliction of emotional harm.
		However, as this case illustrates, a parent cannot prevail in a suit for intentional infliction of emotional distress suffered by her against a person or entity allegedly guilty of medical malpractice, which allegedly caused his or her child's condition.
		Heath Vincent failed to adduce any evidence from which reasonable jurors could conclude that her emotional distress was caused by the defendants' medical treatment of her, independent of the emotional distress caused to her when she witnessed the consequences of the alleged malpractice that injured her baby.
		Thus, the court concluded that Heather Vincent's emotional distress, by her own account commencing only when Brianna's injury became apparent, is derivative of her baby's injuries and not independently caused by the defendants' malpractice on her.
	www.entrepreneur.com /tradejournals/article/169824263.html (686 words)

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