Section 4.6 Conduct Intentionally or Recklessly Causing Distress
| Library | Tort Law 2016 |
E. (§4.6) Conduct Intentionally or Recklessly Causing Distress
Intentional or reckless causation is established by proof that the defendants’ actions are conducted with "complete indifference" or "conscious disregard" for the plaintiffs’ emotional state. Golston v. Lincoln Cemetery, Inc., 573 S.W.2d 700 (Mo. App. W.D. 1978). In Golston, causation was proved by showing that the plaintiffs’ emotional distress "was a natural and probable result" of the defendants’ conduct in failing to see that the deceased was buried in a vault.
Absent proof of "intentional or reckless" acts, the cause of action fails. For example...
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