• 1997 - Infliction of Emotional Distress
  • C-20.00
    • Emotional Distress
    • Negligence
    • Tort Liability
    • Tort Liability

  • The Plaintiff seeks to recover damages based upon a claim of intentional infliction of emotional distress.

     

    The essential elements of such a claim are:

     

    1) The Defendant engaged in extreme and outrageous conduct;

     

    2) The conduct was intentional or reckless; and

     

    3) The conduct caused severe emotional distress.

    * * * * *

    • 12.1-27.1-01
    • 12.1-27.1-01(1)
    • Muchow v. Lindblad, 435 NW2d 918 (ND 1989)
    • Sec. Nat'l. Bank, Edgeley v. Wald, 536 NW2d 924 (ND 1995)
    • Swenson v. N. Crop Ins., Inc., 498 NW2d 174 (ND 1993)
  • Notes: 2006 - reviewed with no changes) The Court initially determines if the Defendant's conduct may reasonably be regarded as extreme and outrageous. Sec. Nat'l Bank, 536 NW2d at 927.