Intentional Infliction Of Emotional Distress

Question: I need help finding a case where someone was held liable for intentional infliction of emotional distress.? I need to find a case that I can cite where someone was held liable for intentional infliction of emotional distress for falsely stating that the plaintiff's loved one had died, when in fact, they had not. My textbook lists this as a classic example of intentional infliction of emotional distress however, I am having much trouble finding a single case where this actually occurred. Thanks in advance to anyone who can assist with this request.

Answer: The British case which first recognized the tort of intentional infliction of mental shock was Wilkinson v Downton (1897). It involved a man telling a woman that her husband had been in a serious accident. n fact, case law is almost non existent, except in the negative. Courts have been VERY leery about allowing such claims, it's almost unheard of for that to be the primary cause of action. Instead, it becomes a secondary claim appended to other tort claims.

Question: Can a child sue a parent for intentional infliction of emotional distress in California? Can another adult sue on behalf of a minor child?

Answer: Not unless you are the legal parent of guardian of the child. Otherwise the legal action would need to be filed by the child themselves through a court-appointed guardian or legal advocate.

Question: Is the intentional infliction of emotional distress a property tort?

Answer: It is a tort. The damage is to a person, not property. Property does not suffer emotional distress. Trespass to chattel is a tort that involves property.

Question: What Federal Law Statue is under the Intentional Infliction of emotional distress? U. S. C. Code that covers Intentional Infliction of emotional distress.

Answer: There isn't one. Intentional infliction of emotion distress is covered only by common law; ie: case law. There is no code that addresses it.

Question: Can I sue for Intentional Infliction of Emotional Distress in Federal Court under Tort Law?

Answer: Generally not. Unless you are suing under a federal law (which the tort of emotional distress is not), the only way a federal court would have jurisdiction over your suit is if the person you want to sue is a citizen of a different state (and you alleged damages of at least $75,000). A couple of other points. (1) federal courts are usually less friendly forums for tort claims, so you would probably be better off in state court anyway; (2) the tort of intentional infliction of emotional distress is a very difficult tort to sue under because most states require conduct directed at you that "shocks the conscience" and that standard is almost impossible to meet.

Question: What State Law of Michigan Covers Intentional Infliction of Emotional Distress?

Answer: It's a tort. That means it is part of the common law created by judges a long time ago. You need to look at court cases to define IIED in Michigan because it won't be a statute.

Question: In what states can one be charged with Intentional Infliction of Emotional Distress?

Answer: It's not a charge it's a civil action. Most states allow suits on Intentional Infliction of Emotional Distress, but it's called different things in different states (e.g., in Kentucky it's called the Tort of Outrage). It's pretty hard to prove though, and juries don't like it at all. . .unless the facts are really, really bad.

Question: how can i sue a private employer for intentional infliction of emotional distress?? do i have 2 go 2 doctor first?

Answer: Don't bother, just move on. it's an impossible task and you won't win. you can't measure emotional distress and neither can a judge. but a lawyer will sure take your money.

Question: This is really long, can I sue my father for Intentional Infliction Of Emotional Distress? I am 16 right now but i am looking to pay my father back for what he has done to my family and I as soon as i turn 18. These are my reasons. Well for starters, my mother cant try to get custody for my two little sisters because he told her that if she did, he would kill her and she already has what I guess you can call a piece treaty against him. He has messed me up emotionally by abuse. verbal and physically. he has beat me with chairs, choked me against the wall, ripped an belly button ring out of my stomach, which ripped the skin. I was about ten and he used to wake me and all of my sibblings up and forced us to drink jack daniels. He would threatin to beat us if we refused. sold pot in front of me and my sibblings.(bagged it up, seperated it.) Had his friends smoke crack in front of me and my siblings. I have mental issues now. I have cut, faught with my mother, and start fights with other people. there is so much more. There was one time that he thought that I had stopped eating, and forced me to eat three servings of dinner every night, and I was not allowed to go to the bathroom for four hours straight. The thing that has bothered me the most is that he left my mother for her neice that they adopted after he forced me to call her my sister, and forced her to call him daddy. I was not allowed to go to the guidence counselor. everytime i did, I would get hit. I had to keep my emotions in side of me. now when i get too stressed, I see huge bugs crawling around and loud noises terrify me. what do you think? I have dropped out of school due to not being able to concentrate. nobody would help me and I cant bear to see my mother get her five children tooken away from her. I'm screwed. I have went to the guidence counselor, but my parents tend to turn things around and make me look like the bad person. my father is a verry sneeky man and is also very strong. he will kill my mother if we do anything to stop him. my mother has lots of cop friends, and yet she does nothing.

Answer: Is there a family friend or possibly the parent of a friend of yours that would be willing to contact Child Protective Services?? Do you have a Councellor at school you could talk to? They are required by law to report suspected abuse. You and your sisters need to be out of that house ASAP. Please understand that your Mother may not back you up or be willing to get out herself. That is a part of her sickness. That happens sometimes when someone is physically or mentally abused. Sometimes women start to believe all the negative stuff they are told by their abusive husbands/boyfriends. I know you love her, but you need to do this for your sisters who are too young to do it for themselves, and for yourself.

Question: Can you give me an example of Intentional Infliction of Emotional Distress Tort Law?

Answer: For purposes of this, everyone involved is over 18. You are a sailor. You date a girl for a while. You get sent on an 18 month depoyment to the Persian Gulf. Six months in to the deployment your girlfreind decides to send you nude pictures of her to keep your..ahem...morale up. She hires a photographer and he takes some great nude shots of her. She sends them to you. The photographer tells her she has a future in fashon modeling...he asks her if he can take more pictures of her...they get to know each other... they start dating...a year into your deployment she e-mails you and tells you that she is dumping you for the photographer... You get upset and go to the website for her 5 year High School Class Reunion, and post the nude photos of her, and you e-mail them to everyone in her office too, and you post them on YouTube That would be intentional infliction of emotional distress.

Question: Example of Intentional Infliction of Emotional distress??? definition of Intentional Infliction of emotional distress is: The The tort of intentional infliction of emotional distress has four elements: (1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress. like withholding information giving false news that causes stress like someone dieing or being told you have HIV I cant come up with a good scenario any ideas???

Answer: There are plenty of things that people have done that were considered intentional infliction of emotional distress. Basically the point of having such a cause of action is to provide for a redress when the damage inflicted is not physical- you can intentionally cause harm to someone without assaulting them, and they can suffer damage from it. The intent does not have to be to cause distress, though sometimes it might be. The act must be performed intentionally or recklessly- ie: driving a car recklessly, or intending to tell someone something. A few instances: 1. Wilkinson v. Downton. Defendant told a woman that her husband had been seriously injured (broken both his legs) and that she needed to go to him and help carry him home. She was so frightened at the news and at not being able to find him where the defendant said he was that her hair turned white, she became ill, etc. The court held in favor of plaintiff. 2. For the parents of a kidnapped child- if the defendant did not actually kidnap or imprison the child, but knew where the child was and for years refused to tell the parents where the child was, resulting in distress to the parents. If you are just trying to come up with fictional scenarios, you could add some sort of debilitating consequence, like a miscarriage, depression, or divorce. 3. A is driving recklessly and hits and kills B in front of C. C, who is B's mother, see this and has a heart attack on the spot. C has suffered distress, sickness, etc. caused by A's reckless driving. For this to meet the outrageousness standard, the person might have had to intend to kill B in front of C for some reason. Hope this helps.

Question: is this considered "intentional infliction of emotional distress"? When a teacher writes on a student's paper. " You are writing at a 3rd grade level, and you will never be able to graduate from this university!” is it extreme enough to recover ?

Answer: No. Not even close. Normally for this tort you need to either have a physical manifestation of shock or a well-documented professional assessment by a mental professional.

Question: Intentional Infliction of Emotional Distress? My child and her mother reside with her father and mother. When my child's mother discovered that she was pregnant, the mother told me in writing numerous times that her father told her that if she were to tell me about her being pregnant he would kick her out/"send her to a wayward home for unwed mothers. She stayed at home to have our daughter and raised her for the first year of her life. She recently told me about our daughter. We have taken a paternity test and will be in court for custody and child support payments at the end of the month. I am very upset with her father regarding his threatening of his daughter in regards to letting me know about my daughter. You must understand that I missed the whole first year of her life and cannot ever get that back. Do I have cause to file a suit against him for intentional infliction of emotional distress? His daughter has written me saying she will testify against him in court. I'm sure he will deny it all anyway. But I cannot just let this go. Please dont answer with bs flames about how I need to get over it. I want to know if I have a plausable complaint against him.

Answer: It's highly doubtful that your case would go anywhere. I see no evidence that her father intentionally inflicted emotional distress on you. On the contrary, he attempted to hide the situation from you. Have you received psychological counseling due to the father's actions? Do you have experts ready to testify that you've been sufficiently distressed to deserve a monetary judgment against the father? If not, your case is weak.

Question: Is obscene gestures, cursing that are result of an anger considered a intentional infliction of emotional tort? Obscene gestures and curses as a result of anger towards an individual be considered an intentional infliction of emotional distress TORT? Is it necessary in the above stated to have a proof of emotional distress in the form of adverse health effect before it can be considered as Intentional Infliction of emotional distress TORT?

Answer: Probably not...obscene gestures and cursing is probably not going to carry enough weight in court to meet the burden on "outrageous", which is one of the elements of IIED claims. Expert testimony is required for IIED to prove the effects of the Tort, at least, in Tennessee, anyway. Check you local case law to determine if the same is true in your jurisdiction.

Question: In your opinion, did displaying signs with the women’s names amount to infliction of emotional distress? Under federal law it was legal for clients to obtain an abortion. Late at night an anti-abortion protester climbed into a dumpster located behind a women’s clinic. The protester found documents that showed the names of two women who were scheduled to have abortions at the clinic the following day. The protester gave the information to a friend who planned to picket the next day. She created signs using the names of the two women who were planning to undergo abortions. The signs urged the women “not to kill their babies.” The women later sued the woman who made and displayed the signs for intentional infliction of emotional distress.

Answer: Yes. It was a violation of medical privacy. Additionally, I think the picketers probably intended emotional distress by personally attacking the women using their names. That's pretty blatant harassment. I can't see any other reason for them to behave like that except to purposefully upset the women and purposefully cause emotional distress.

Question: Intentional Infliction of Emotional Distress or just Morally Repugnant? My mom lost her oldest son and husband 4 yrs ago. A former business acquaintance conned his way in and they went into business together. He scams her out of over $2 million dollars in 10 months. And then he took off. Left her with all the debt, broke in and stole office equip. and furniture, all records, personal papers, etc. Opened accts. in her name, forged her signature, etc. He had the whole thing planned. Our attorneys were working on several suits against him. Everything got put on hold the day my little brother killed himself. The slimeball then had my mom served with a $10 million lawsuit two days later. The server tried to return the suit, saying he'd explain what happened and give it a week or so - but they demanded it be served that day. She was already emotionally distressed - but they maliciously added to it. The law will ask if a reasonable person would be outraged by his act. Is anybody out there outraged? Should we sue for emotional distress?

Answer: Your mother should speak to the attorneys about this. If everything you say occurred and there is evidence then it sounds like you have several causes of action. Whether or not you have an intentional infliction of emotional distress claim depends. Generally, for an IIED claim you'd have to show that (1) the defendant intended to cause the emotional distress on the plaintiff, (2) the defendant's conduct was extreme and outrageous, (3) the actions of the defendant cause the plaintiff's emotional distress, and (4) the plaintiff actually suffered emotional distress. Be aware that the claim may require other elements depending on your jurisdiction. Again your mother should speak to the attorneys about this. Did your mother had any type of contract with the business acquaintance? Anything written? Any receipts? Are there police reports that document the trespass and destruction of property? Has she contacted the local police and/or Federal law enforcement regarding the identity theft and other fraudulent activities?

Question: Can I sue the huzzie for intentional infliction of emotional distress? My state doesn't have alienation of affection anymore. I am going to take him to the cleaners ( I cn't waitto hear the mail responses to this) But she was friends with the family before she decided that she wanted my husband so I believe that she should pay. and sha HAS caused me emotional distress! Actually, you can sue in Hawaii, North Carolina, Utah, New Meico and South Dakota under a statute called "alienation of affection." For those of yu not reading, I AM suing him for all that a court will give me. He is taken care of. What I want to do is have women pause before doing such things. Like suing a manufacturere of godds that it knows will cause harm. Other maufacturers will be a bit more careful in the future.

Answer: Honey you can sue anyone for almost anything, the QUESTION is what can you recieve in damages? Did it cause you to loose your job? Drop out of school? Nessesitate counceling at some expense? If it just made you cry, it's harder to put a monitary value on that, don't get me wrong, I empathize with you, but there is a reason states don't have alienaton of affection anymore. We would ALL have law suits pending. Making her 'pay' is that what you really want in the end? Good Luck

Question: Can I sue for Intentional Infliction of emotional distress (Yes or No)?

Answer: maybe

Question: can I sue my boyfriend's mother for intentional infliction of emotional distress? I lived with a man for 16 years. His mother kept trying to cause us trouble. She even took my dog and won't give it back. I am older than he, and she told everyone in the family that she was trying to separate us because I was too old for him. She won't give back my dog, and has finally succeeded in separating us. I am experiencing so much emotiona; distress that I cry all the time. I can't seem to stop.

Answer: No you can't. If his mother was able to break you up, then he wasn't much of a man. You just pissed away 16 years because you lived with a "boy" tied to his mother...now that's something to be upset about.

Question: what is intentional infliction of emotional distress.?

Answer: Sounds like you are your own worst enemy syndrome. Caused by yourself.