The Supreme Court also concluded that Taft-Carter properly granted summary judgment in favor of the trust on Wilson and Shannahan's claim of intentional infliction of emotional distress
. Even if some of Moreau's actions, such as the raid on the library, bordered on extreme and outrageous conduct needed to establish liability, the plaintiffs did not show any evidence of "physical symptomatology" resulting from the alleged conduct.
"In order to maintain a cause of action for intentional infliction of emotional distress
under Massachusetts law, the plaintiff must establish that (1) the individual defendant intended to inflict emotional distress or that they knew or should have known that emotional distress was the likely result of their conduct; (2) the conduct of the defendant was 'extreme and outrageous' and 'beyond all possible bounds of decency and was utterly intolerable in a civilized community;' (3) the actions of the defendant were the cause of the plaintiff's distress; and (4) the emotional distress sustained by the plaintiff was 'severe' and of such a nature 'that no reasonable person could be expected to endure it.' Agis v.
According to the lawsuit, both Zimmerman and Butowsky inflicted harm by falsifying facts and provided a stage to support the claims made in the "sham story." It said the defendants "aided and abetted the intentional infliction of emotional distress
The lawsuit charges Singer with sexual assault and battery, intentional infliction of emotional distress
and sexual exploitation of children.
Adeyekun are suing all the Defendants, individually and collectively, for Violation of the Due Process Clause of the Fourteenth Amendment of the United States Constitution, Violation of the Celestial Church of Christ's own Policy and Procedures, Defamation Per Quod, Defamation Per Se, Retaliation Promissory Estoppel, Negligence, Intentional Infliction of Emotional Distress
, Negligent Infliction of Emotional Distress, Loss of Consortium and Damages in excess of two million dollars.
In her ruling, Los Angeles County Superior Court Judge Rita Miller found that Jeff Gottlieb failed to prove he was subject to working conditions "so intolerable or aggravated" that "a reasonable person in the employee's position would be compelled to resign." Gottlieb alleged age discrimination, harassment and intentional infliction of emotional distress
in his lawsuit filed last August.
Another potential but highly unlikely pitfall could be the tort of intentional infliction of emotional distress
. However, to prevail on such a charge, it would have to be proved that a radiologist acted intentionally or recklessly, and the conduct of the radiologist was extreme and outrageous.
Among specific topics are the intentional infliction of emotional distress
, classifying defenses based on plaintiff's conduct, circumstantial evidence generally, duty and proximate cause, and defamation and invasion of privacy.
The jury sided with Bergstrom on her claims of sexual harassment, intentional infliction of emotional distress
Intentional Infliction of Emotional Distress
Claims and "Outrageous Conduct"
But on the claim of intentional infliction of emotional distress
, the jury awarded Falwell $150,000 in damages.
An appellate court in California, affirming a trial court's decision, has ruled that two people who protect the feral cat population at a college were not entitled to a defense under their homeowners' insurance policy in a lawsuit that alleged causes of action for invasion of privacy, stalking, intentional infliction of emotional distress