Discussion Question

What type of conduct would you consider sufficiently extreme or outrageous to qualify as a battery on the emotions? Do you agree with the requirement that mental distress must also manifest itself through physical symptoms?

Practice Question

 Helen is shopping in the mall with her daughter, Penny. They are on the second floor of the mall looking over the railing at the large, central fountain when a stranger approaches Penny. The stranger picks up Penny and begins screaming at her. He then holds her over the railing and threatens to drop her into the fountain a floor below. Helen screams hysterically for help and begs the stranger to put her down safely on the ground. Some bystanders grab Penny and tackle the stranger to the ground. Helen is so emotionally distraught by the incident that she develops nightmares, insomnia, and begins seeing a therapist. Can Helen sue the stranger and, if so, for what? Explain.

• The intentional infliction of mental distress occurs when one intentionally or recklessly causes severe emotional damage to another through extreme and outrageous conduct. This includes:
  • Intent. A claimant must show that the defendant intended the infliction of distress, knew with substantial certainty that emotional distress would result, or acted with reckless disregard of a high probability that emotional distress would occur.
  • Severe emotional damage. A plaintiff's emotional damage must be severe, annoyance or hurt feelings are insufficient. If a reasonable person would not have suffered shock or severe damage from the defendant's conduct, the defendant is not liable. If a defendant acted with knowledge of a plaintiff's extra sensitivity, the defendant will be liable without regard to the reasonableness of the plaintiff's damages.
  • Extreme and outrageous conduct. Extreme and outrageous conduct s intentional conduct that exceeds all reasonable bounds of decency in a civilized society.