Cabaness v. Thomas

Traditionally, plaintiffs could recover for their emotional distress that was caused by another tort, such as battery or false imprisonment. More recently, the courts have created a new tort that allows plaintiffs to recover for emotional distress even when there is no evidence of another type of injury. This tort of intentional infliction of emotional distress is sometimes referred to as the tort of "outrage."

In order to ensure that plaintiffs who file lawsuits for intentional infliction of emotional distress are filing valid claims, most courts place severe restrictions on what the plaintiff must prove, including requirements that the intentional act that causes the emotional distress be "extreme" or "outrageous," and that the emotional distress the plaintiff suffered must be severe.

In order to prove the intentional infliction of emotional distress, a plaintiff must prove:

1. An intentional act
2. that is extreme and outrageous
3. and causes
4. severe emotional distress.

As to the last requirement, some courts add that the emotional distress must be so severe that it results in some sort of physical injury. In the following case, see if you agree that the supervisor's actions were sufficiently extreme and outrageous to support a claim of intentional infliction of emotional distress.