Intentional Infliction of Emotional Distress


Elements

Generally, the elements of this cause of action are

(1) extreme and outrageous conduct with either the intention of, or reckless disregard for, causing emotional distress,
(2) the plaintiff's having suffered severe or extreme emotional distress and
(3) actual or proximate causation.

Star v. Rabello, 97 Nev. 124, 125, 625 P.2d 90, 92 (1981)

Example Cases

Proof

  • Sliding scale on proof of physical manifestation

In the context of intentional infliction of emotional distress, we have stated that "[t]he less extreme the outrage, the more appropriate it is to require evidence of physical injury or illness from the emotional distress."
Nelson v. City of Las Vegas, 99 Nev. 548, 555, 665 P.2d 1141, 1145 (1983).

Damages

Defenses

Liability for emotional distress generally does not extend to ‘mere insults, indignities, threats[,] annoyances, petty oppressions, or other trivialities. " Burns v. Mayer, 175 F.Supp.2d 1259, 1268 (D.Nev.2001) (quoting Candelore v. Clark County Sanitation Dist., 752 F.Supp. 956, 962 (D.Nev.1990)).

Pleading

The claim for battery alleges that Defendants beat the children, which is sufficient to support a battery claim. The intentional infliction of emotional distress claim consists of a bare-bones recitation of the cause of action; however, when the rest of the complaint is considered as incorporated, the allegations of starving and beating the children support this claim. Fullmer v. Brown, Case. No. No. 2:09-cv-01442-RCJ-PAL

Slip Copy, 2010 WL 3860650, *3 D.Nev.,2010

Misc

  • IIED only in extreme and outrageous circumstances

"[l]iability is only found in extreme cases where the actions of the defendant go beyond all possible bounds of decency, are

atrocious and utterly intolerable."
Alam v. Reno Hilton Corp., 819 F. Supp. 905, 911 (D. Nev. 1993).

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Jared Richards is the managing partner of Richards & Associates, a Nevada law firm focusing on personal injury, business litigation and probate. To learn more about Jared Richards, visit his Google+ Profile or his website.