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.