Intentional Torts - Intentional Infliction of Emotional Distress

Question 1

Intentional Infliction of Emotional Distress

Answer 1

A defendant is liable for intentionally or recklessly acting with extreme and outrageous conduct that causes the plaintiff severe emotional distress

Question 2

Intentional Infliction of Emotional Distress - Intent

Answer 2

Defendant must intended to cause or must act with recklessness as to the risk of causing such distress.

Traditional doctrine of transferred intent does not apply.

Transferred intent may apply to intentional infliction of emotional distress if, instead of harming the intended person, the defendant’s extreme conduct harms another

Question 3

Extreme and outrageous conduct

Answer 3

Exceeds the possible limits of human decency so as to be entirely intolerable in a civilized society

Question 4

Extreme Outrageous Conduct - Liability generally does not extend to mere insults, threats, or indignities, a defendant’s abusive language and conduct may be sufficiently extreme and outrageous if either:

Answer 4

i) The defendant is in a position of authority or influence over the plaintiff, such as a police officer, employer, or school official, or traditionally an innkeeper or an employee of a common carrier; or
ii) The plaintiff is a member of a group with a known heightened sensitivity (young children, pregnant women, or elderly persons)

Question 5

Public Figures

Answer 5

May not recover for the tort of intentional infliction of emotional distress by reason of publication without showing in addition that the publication contains a false statement of face that was made with “actual malice”

Question 6

Third-Party Victims

Answer 6

A defendant may be liable to a third-party if he intentional or recklessly causes severe emotional distress to:

i) A member of the victim’s immediate family who contemporaneously perceives the defendant’s extreme and outrageous conduct, if the distress results in bodily injury; or
ii) Any other bystander who contemporaneously perceives the conduct, if the distress results in bodily injury

If the defendant’s design or purpose was to cause severe distress to the third-party victim, the victim need not have contemporaneously perceived the conduct

Ex - husband sees wife threatened

Question 7

Intentional Infliction of Emotional Distress - Causation

Answer 7

The plaintiff may establish causation by a showing that the defendant’s actions were a factual cause of the plaintiff’s distress

Question 8

Intentional Infliction of Emotional Distress - Damages

Answer 8

Plaintiff must prove severe emotional distress beyond what a reasonable person could endure.

If the plaintiff is hypersensitive then there is no liability unless the defendant knew of the plaintiff’s heightened severity

Most courts - do not require the plaintiff to prove physical injury expect in the case of bystander recovery when the plaintiff is not a member of the immediate family of the person toward whom the defendant’s extreme and outrageous conduct is personally directed