Intentional infliction of emotional distress (IIED) is also known as the tort of outrage. A tort is a civil wrong, other than breach of contract, for which remedies may be obtained. To prevail on a claim for outrage, a plaintiff must prove the following three elements:
- extreme and outrageous conduct
- intentional or reckless infliction of emotional distress, and
- severe emotional distress on the part of the plaintiff
EXTREME & OUTRAGEOUS CONDUCT
The three elements are fact questions for the jury, and the first element of the test goes to the jury only after the court determines "if reasonable minds could differ on whether the conduct was sufficiently extreme to result in liability." Id.
To establish the first IIED element, the plaintiff must prove "that the conduct was 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 community." Id. (citing Dicomes v. State, 113 Wn.2d 612, 630, 782 P.2d 1002 (1989)) (internal quotation marks omitted).
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