Also known as: emotional distress
Written by attorneys · grounded in primary & secondary sources — see below
Severe emotional suffering inflicted by extreme and outrageous conduct that is intentional or reckless. The suffering must rise to a level that a reasonable person would regard as severe.
Matthew Martinez's supervisor repeatedly locked him in a storage closet for hours while mocking his family. The supervisor knew Matthew suffered from anxiety yet continued the confinement. Matthew developed severe insomnia and required hospitalization after the repeated incidents.
Malcolm McKinley organized a peaceful picket near a military funeral displaying signs criticizing government policy on homosexuality. Family members of the deceased experienced intense grief from the signs. The speech remained protected and no liability attached for the resulting distress.
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Miles Montgomery confronted his neighbor in the presence of the neighbor's wife and child. The neighbor's wife witnessed the extreme verbal attack on her husband and suffered lasting anxiety requiring therapy. The wife was present and within the protected class of immediate family.
Mariam Mansour's landlord intentionally delayed repairs to her apartment causing inconvenience and frustration. The landlord's conduct invaded her property interest but produced no bodily harm. Recovery for emotional distress alone was unavailable under the governing limitation.
Maurice Marshall suffered a physical assault that also produced ongoing anxiety and sleep disturbance. The jury considered both the bodily injury and the accompanying emotional distress when calculating compensatory damages. The emotional component was recoverable as part of the overall harm.
Miranda Morales discovered a magazine article that dramatized her family's private crisis using invented facts. The publication caused her significant humiliation and anxiety. Because the article contained no false statement of fact made with actual malice, liability for the resulting distress was barred.
The suffering must be so severe that a reasonable person would regard it as such. Courts require evidence of substantial emotional impact such as prolonged anxiety, physical symptoms, or medical treatment.
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Speech on matters of public concern receives special protection even when it produces severe emotional distress. Peaceful picketing accompanied by offensive signs near a funeral is protected absent additional unprotected conduct.
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A member of the immediate family who is present at the time may recover if the actor intentionally or recklessly causes severe emotional distress. Other bystanders may recover only if the distress results in bodily harm.
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Conduct that is tortious because it invades a legally protected interest does not create liability for emotional distress that is the only legal consequence. Recovery requires either bodily harm or satisfaction of the independent requirements of section 46.
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A plaintiff whose interests of personality have been tortiously invaded may recover damages for both bodily harm and emotional distress. The emotional component is included as part of the overall compensatory award.
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…to reputation was presumed and damages could be awarded by the jury, along with any special damages such as pecuniary loss and emotional distress. At the very least, the rule allowed the recovery of nominal damages for any defamatory publication actionable per se and thus performed "a vindicatory function by enabling the…