Free Consultation   Contact Us
No Recovery No Fee*   (310) 356-1006     (323) 909-WAGE (9243)
Month

June 2007

Elements needed for two independent torts for emotional distress:

I. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

  • Defendant engaged in negligent conduct (to be discussed in greater detail in a later post);
  • Plaintiff suffered emotional distress (to be discussed in greater detail in a later post); AND
  • Defendant’s negligent conduct was a cause of the serious emotional distress.

II. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

  • Outrageous conduct on the part of the Defendant;
  • Defendant intended to cause emotional distress, or, Defendant acted in reckless disregard of the probability of causing emotional distress;
  • Plaintiff suffered severe or extreme emotional distress; AND
  • Defendant’s conduct was the actual and and proximate cause of the emotional distress (see, Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493, 497-498.)

Actual and Proximate will be explored in later posts.