Section 4.9 Approved Instructions
| Library | Tort Law 2016 |
A. (§4.9) Approved Instructions
Missouri has approved jury instructions in NIED (negligent infliction of emotional distress) cases, notably using Missouri Approved Jury Instructions (Civil) 31.23 [2000 New] (7th ed. 2014). Per MAI 31.23 [2000 New], proper instruction in an NIED claim is as follows:
In a verdict directing instruction submitting negligent infliction of emotional distress, the essential elements are:
, such [negligence] [failure] involved an unreasonable risk of causing emotional distress, and
..., defendant knew or by using ordinary care could have known of such risk,
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