Intentional or Reckless Infliction of Emotional Distress

Question 1

What are the elements of intentional or reckless Infliction of emotional distress?

Answer 1

1. When defendant 2. By extreme and outrageous conduct 3. Causes severe emotional distress 4. To Plaintiff.

Question 2

What is the scope of liability for intentional or reckless Infliction of emotional distress?

Answer 2

1. Emotional distress suffered by the Plaintiff. 2. Any resulting bodily harm to Plaintiff.

Question 3

To be actionable how extreme must defendant’s conduct be?

Answer 3

To go beyond all possible bounds of decency, to be regarded as atrocious, and utterly intolerable in civilized society.

Question 4

When are words of merely verbal abuse, absent circumstances of aggravation, sufficient for intentional or reckless Infliction of emotional distress?

Answer 4

When defendant knows that the Plaintiff has some special sensitivity or vulnerability.

Question 5

When are instances of abusive or otherwise obnoxious conduct sufficient to make a case of intentional or reckless Infliction of emotional distress?

Answer 5

When they are repeated or carried out over a period of time.

Question 6

Under what circumstances is profanity, gross insults or indecent language sufficient to make a case of intentional or reckless Infliction of emotional distress?

Answer 6

When the defendant is a common carrier, innkeeper or other public utilities or the defendant is an employee of such acting within the scope of their employment.

Question 7

When may defendant be liable for intentional or reckless Infliction of emotional distress to the Plaintiff when defendant’s conduct was directed at a third person?

Answer 7

1. When the Plaintiff contemporaneously perceives the distress producing event.

Question 8

Under the proximate cause doctrine what is the liable for intentional or reckless Infliction of emotional distress?

Answer 8

For the distress a reasonable person of ordinary sensitivity would endure unless the defendant knew Plaintiff was peculiarly or specially sensitive.

Question 9

When may a public official/figure recover for intentional or reckless Infliction of emotional distress resulting from a media publication?

Answer 9

When the publication contains a false statement of fact that was made with “actual malice “ in other words knowing the statement was false or with reckless disregard as to whether or not the statement was true. [Hustler Magazine v. Falweell (U.S.1988)]

Question 10

Who may sue for intentional or reckless Infliction of emotional distress in the mishandling of a corpse?

Answer 10

A next of kin.