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.
Bass v. Nooney Co., 646 S.W.2d 765, 772–73 (Mo. banc 1983).
A bystander to a third party’s injury may state a cause of action for negligent infliction of emotional distress by showing:
(1) that the defendant should have realized that his conduct involved an unreasonable risk to the plaintiff,
(2) that plaintiff was present at the scene of an injury producing, sudden event,
(3) and that plaintiff was in the zone of danger, i.e., placed in a reasonable fear of physical injury to his or her own person.
Asaro v. Cardinal Glennon Mem’l Hosp., 799 S.W.2d 595, 599–600 (Mo. banc 1990).
A plaintiff may recover for an intentional infliction of emotional distress if the defendant’s conduct was extreme and outrageous and the defendant specifically intended to only cause extreme emotional distress to the plaintiff—not to invade other legally protected interests or to cause bodily harm. Sansonetti v. City of St. Joseph, 976 S.W.2d 572, 580 (Mo. App. W.D. 1998).
Otherwise, emotional distress, in general, is recoverable as an element of damages in many separate causes of action. See Schumann v....
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- Chapter 4 Emotional Distress
- Section 1 Introduction
- Section 2 Historical Overview
- Section 3 Negligent Infliction of Emotional Distress
- Section 4 Foreseeability Test
- Section 5 Medically Significant Injury Test
- Section 6 Expert Testimony That Negligence Caused Emotional Distress
- Section 7 Pleading Negligent Infliction of Emotional Distress
- Section 8 Negligent Infliction of Emotional Distress Requires Breach of a Legally Recognized Duty
- Section 9 Intentional Infliction of Emotional Distress
- Section 10 Defendant’s Knowledge of Plaintiff’s Particular Susceptibilities to Emotional Distress
- Section 11 Specific Intent Requirement and Related Claims
- Section 12 Emotional Distress From an Intentional Tort Does Not Require Medical Testimony to Establish
- Section 13 Recovery for Emotional Distress Through Traditional Torts
- Section 14 Bystander Recovery
- Section 15 Measuring the Damages
- Section 16 First Amendment Defenses to Emotional Distress Claims
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