Section 1 Introduction

• Library: Damages 2012

Damages for emotional distress are recoverable under Missouri law for the negligent infliction of emotional distress, for the intentional infliction of emotional distress, and as a part of the damages awarded for a separate tort.

A plaintiff may also recover for negligent infliction of emotional distress if the plaintiff proves to the trier of fact by a preponderance of the evidence at trial that the defendant breached a duty to the plaintiff that caused injury to the plaintiff, plus two additional elements:

1. The defendant should have realized that its conduct involved an unreasonable risk of causing emotional distress.

2. The emotional distress or mental injury is medically diagnosable and medically significant.

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