Jones v Clinton
INTENIONAL TORTS
Battery
Assault
False Imprisonment
Intentional Infliction of Emotional Distress – A person is liable for IIED if:
I. Intentional (Samms) OR reckless (Taylor) conduct:
a. With the purpose of infliction emotional distress, OR
b. i) Any reasonable person would’ve known emotional distress would
result (Samms)
ii) Sufficiently severe to cause genuine and substantial emotional distress or mental harm to average persons (Taylor)
A) Cannot recover for idiosyncratic emotional distress (Taylor)
B) If the distress arises out of conduct relating to race, creed, color, national origin, ancestry, age, sex, affectional or sexual orientation, marital status, familial status, military service, or nationality, the average person standard must be adapted to reflect those characteristics of the pl. that are the focus of the alleged discrimination (Taylor)
C) In Logan v. Sears Roebuck the standard is a person of ordinary sensibilities – no change for race, creed, etc…
II. Actions or conduct are: outrageous and intolerable (Samms)
extreme and outrageous (Taylor)
a. Because the act offends the generally accepted standards of decency (Samms)
i. A single racial slur by a stranger on the street is insufficient
ii. A single racial slur by a superior could be sufficient
b. Conduct so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized society (Logan v. Sears Roebuck; Jones v. Clinton)
i. Determined by: (Jones v. Clinton)
A) The conduct at issue
B) The period of time over which the conduct took place
C) The relationship between pl. and def.
D) Def.’s knowledge that pl. is particularly susceptible to emotional distress by reason of some physical or mental peculiarity
c. The law does not recognize recovery for mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities (Logan v. Sears Roebuck)
III. Actions or conduct caused severe emotional distress (Ford v. Revlon; Jones v. Clinton)
IV. Conduct caused emotional distress so severe that no reasonable person could/should be expected to endure it (Taylor v. Metzger; Jones v. Clinton)
posted by nobs @ 11:19 AM
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