3.12-1 Intentional Infliction of
Revised to January 1, 2008
There are four elements that must be
established for a finding of intentional infliction of emotional distress: 1)
that the defendant intended to inflict emotional distress, or that the defendant
knew or should have known that emotional distress was the likely result of
(his/her) conduct; 2) that the conduct was extreme and outrageous; 3) that the
conduct was the cause of emotional distress experienced by the plaintiff; and 4)
that the emotional distress sustained by the plaintiff was severe.
The defendant's liability for
intentional infliction of emotional distress requires that you find that
(his/her) conduct exceeded all bounds usually tolerated by decent society.
Liability can be found only where the defendant's conduct has been so outrageous
in character, and so extreme in degree, as to go beyond all possible bounds of
decency, and to be regarded as atrocious, and utterly intolerable in a civilized
community. Generally, the case is one in which the recitation of the facts to an
average member of the community would arouse (his/her) resentment against the
actor, and lead (him/her) to exclaim, Outrageous! Conduct on the part of the
defendant that is merely insulting or displays bad manners or results in hurt
feelings is insufficient to form the basis for liability based upon intentional
infliction of emotional distress.
In order for the plaintiff to prevail
on (his/her) claim of intentional infliction of emotional distress you must find
that the plaintiff has proved all of the elements of intentional infliction of
If you find that the plaintiff has not
proved all of the elements of intentional infliction of emotional distress, then
you will return a defendant's verdict on this count.