Section 13 Recovery for Emotional Distress Through Traditional Torts

• Library: Damages 2012

Emotional distress may be a component of damages caused by a separate, underlying tort. Missouri courts impose a lesser burden on the plaintiff to plead emotional distress as a component of damages than as an independent claim. Signorino v. Nat’l Super Mkts., Inc., 782 S.W.2d 100, 104 (Mo. App. E.D. 1989).

But if the cause of action allows only for pecuniary damages, damages for emotional distress are not available under it. State ex rel. BP Prods. N. Am. Inc. v. Ross, 163 S.W.3d 922, 929 (Mo. banc 2005).

In Signorino, 782 S.W.2d 100, the plaintiff sued a supermarket for false arrest, alleging mental distress. The defendant argued that the plaintiff failed to satisfy the requirements of Bass v. Nooney Co., 646 S.W.2d 765 (Mo. banc 1983), for proving that he sustained damages for emotional distress. The court however, stated that Bass involved a negligence action and, therefore, did not apply to intentional tort cases. Instead, the court held that, in deciding damages in intentional tort cases, “a jury can properly consider...