Other legal theories, mostly unsuccessfully pleaded, include infliction of emotional distress, negligence, defamation, invasion of privacy, and the tort of outrage
The Childers sued for medical malpractice and the tort of outrage
. The complaint was amended to claim only damages for outrageous conduct.
(28) In instances where non-target annoyances are impacted by annoyancetech devices (collateral damage so to speak), transferred-intent would likely lead to liability of intentional torts (with the exception of the tort of outrage
which does not transfer).
What was once called the "new" tort of outrage or intentional infliction of emotional distress is now well enough established to consider it a permanent fixture of the common law of torts.
In addition to capturing a larger number of harassment cases also actionable under Title VII, revising the tort of outrage along civil rights lines could also provide redress in some cases that currently fall outside the Title VII categories.
The court noted that even if a juvenile detainee had serious mental health problems before an employee allegedly inserted his finger into her vagina, that fact would not preclude a finding that any mental distress she experienced was caused by the employee, for the purposes of the Alabama tort of outrage
. The court found that the employee was not protected by state-agent immunity under Alabama law because the alleged acts were not committed in the performance of his job-related duties.
Fulmer), The Tort of Outrage
: A Suggestion for a New Standard for Defining Outrageous Conduct in Arkansas, 54 ARK.
With this cause of action, commonly referred to in South Carolina as the tort of outrage, the plaintiff must show that the defendant's conduct was so extreme and outrageous that it caused severe emotional distress.(22) Accompanying this conduct must also be intent or recklessness, which can be shown easily once intent is established through the invasion of privacy claim.
1985) (declaring one element of tort of outrage to be conduct so extreme and outrageous as to be obnoxious and utterly intolerable in civilized society).
Crutcher for medical negligence and the tort of outrage
and claims against the hospital for medical negligence, the tort of outrage
, negligence, and negligent hiring.