How To Prove A Tennessee Intentional Infliction of Emotional Distress Claim

 

 

In Tennessee, a claim of Intentional Infliction of Emotional Distress is defined as:

Intentional infliction of emotional distress occurs when a person says or does something so outrageous or insulting that another suffers emotional damage as a result.

It simply means:

When a party purposefully causes someone psychological suffering.

There are 3 elements of the claim:

• Element 1. The defendant’s conduct was intentional or reckless. The defendant acted with purpose or showed a careless disregard for the consequences of their actions, meaning they either meant to cause harm or didn’t care that their behavior could seriously upset someone else.
  

  Facts that might support this element look like:

  * The defendant repeatedly made derogatory comments about the plaintiff’s personal life in front of their peers, demonstrating a clear intent to humiliate.
  * The defendant knowingly spread false rumors about the plaintiff, fully aware of the potential emotional harm it could cause.
  * The defendant engaged in a pattern of stalking behavior, intentionally causing the plaintiff to feel unsafe and anxious.
  * The defendant ignored multiple requests from the plaintiff to cease their harassing behavior, showing a reckless disregard for the plaintiff’s emotional well-being.
  * The defendant sent threatening messages to the plaintiff, fully aware that such actions would likely cause severe emotional distress.

• Element 2. The defendant’s conduct was so outrageous that it exceeded the bounds of civilized society. The defendant acted in such a shocking and extreme way that their behavior was far beyond what anyone would consider acceptable in society, causing severe emotional harm to the victim.
  

  Facts that might support this element look like:

  * The defendant repeatedly harassed the plaintiff with threatening messages over several weeks, causing significant emotional distress.
  * The defendant publicly humiliated the plaintiff by spreading false rumors about their personal life in front of their friends and family.
  * The defendant vandalized the plaintiff’s property with derogatory slurs, instilling fear and anxiety in the plaintiff.
  * The defendant staged a fake emergency involving the plaintiff, leading to a distressing and chaotic situation that was entirely fabricated.
  * The defendant intentionally disclosed the plaintiff’s private medical information to their employer, resulting in severe embarrassment and emotional turmoil.

• Element 3. The defendant’s conduct caused serious mental injury to the plaintiff. The defendant’s actions were so extreme and outrageous that they caused the plaintiff to suffer significant emotional pain and mental distress, impacting their daily life and well-being.
  

  Facts that might support this element look like:

  * The defendant repeatedly harassed the plaintiff with threatening messages over several months, causing the plaintiff to experience severe anxiety and distress.
  * The defendant publicly humiliated the plaintiff during a work meeting, leading to significant emotional trauma and a loss of self-esteem.
  * The defendant’s actions included stalking the plaintiff, which resulted in the plaintiff developing symptoms of post-traumatic stress disorder.
  * The defendant made false accusations about the plaintiff’s character, leading to social isolation and severe emotional suffering.
  * The plaintiff sought therapy and medication as a direct result of the defendant’s extreme and outrageous conduct, indicating the serious impact on their mental health.

^{(See Doe 1 v. Roman Catholic Diocese, 154 SW 3d 22 – Tenn: Supreme Court 2005.)}
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Prove Your TN Intentional Infliction of Emotional Distress Claim

U.S. Civil Cases Only