Intentional Infliction of Emotional Distress

This occurs where the plaintiff claims that the defendant’s conduct caused the plaintiff to suffer severe emotional distress. To establish this claim, the plaintiff must prove all of the following:

1. That defendant’s conduct was outrageous;
2. That defendant intended to cause plaintiff emotional distress;
2. [or]
2. That defendant acted with reckless disregard of the probability that plaintiff would suffer emotional distress, knowing that plaintiff was present when the conduct occurred;
3. That plaintiff suffered severe emotional distress;
and
4. That defendant’s conduct was a substantial factor in causing plaintiff’s severe emotional distress.

There is virtually unanimous agreement that ordinary defendants are not liable for mere insult, indignity, annoyance, or even threats, where the case is lacking in other circumstances of aggrivation. Accordingly, it is generally held that there can be no recovery for mere profanity, obscenity, or abuse, without circumstances of aggravation.