Civil Model Jury Charge 3.30F INTENTIONAL INFLICTION IN NJ
Civil Model Jury Charge3.30FINTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
The
plaintiff is (also) bringing an action based on intentional infliction
of emotional distress allegedly caused by the defendant.[1]To recover, plaintiff must establish the following elements:
First, the plaintiff must prove that the defendant acted intentionally or recklessly.For an intentional act to result in liability, the defendant must intend both to do the act and to produce emotional distress.For
a reckless act to result in liability, a defendant must act in
deliberate disregard of a high degree of probability that emotional
distress will follow.
Second, the defendants conduct must be extreme and outrageous.The
conduct must be 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.The
liability clearly does not extend to mere insults, indignities,
threats, annoyances, petty oppressions or other trivialities.
Third, the defendants actions must have been the proximate cause of plaintiffs emotional distress.[2]
Fourth,
the emotional distress suffered by plaintiff must be so severe that no
reasonable person could be expected to endure such distress.[3]Defendants
conduct must be sufficiently severe to cause genuine and substantial
emotional distress or mental harm to the average person.[4]This average person must be one similarly situated to the plaintiff.[5]The
plaintiff cannot recover for his/her emotional distress if that
emotional distress would not have been experienced by an average person.[6]
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