The performance of an extreme and outrageous act that causes the plaintiff to suffer serious mental distress.
To prove a case for intentional infliction of emotional distress, a plaintiff must prove each of the following elements:
- That defendant’s conduct was outrageous;
- That defendant intended to cause plaintiff emotional distress; or, that the defendant acted with reckless disregard of the probability that plaintiff would suffer emotional distress, knowing that plaintiff was present when the conduct occurred;
- That plaintiff suffered severe emotional distress; and
- That defendant’s conduct was a substantial factor in causing plaintiff’s severe emotional distress.