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:

  1. That defendant’s conduct was outrageous;
  2. 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;
  3. That plaintiff suffered severe emotional distress; and
  4. That defendant’s conduct was a substantial factor in causing plaintiff’s severe emotional distress.

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