Damages Available To Those Who Suffer Injures Caused By Negligent Infliction Of Emotional Distress Intentional infliction of emotional distress is in some ways harder to prove and in others easier to prove. In doing so, it interpreted existing Indiana precedent to allow emotional distress damages to a broader class of persons. In Georgia, you cannot seek damages based on emotional distress stemming from another’s negligent act if there was no physical impact to you. Kevin G. Faley and Andrea M. Alonso *Originally published in the New York Law Journal August 27, 2014. If the party bringing a claim for Negligent Infliction of Emotional Distress is a minor, he or she would be entitled to bring a bystander recovery claim within one year after turning 18-years-old, or until his or her 19th birthday. Emotional Distress as an Independent Tort Historically in Alabama, damages for infliction of emotional distress have been described as "parasitic" in that the right to recover such dam- ages has been dependent upon … Co., 272 Ga. 583 (2000) Georgia Rule on Emotional Distress Claims, the Impact Rule. Co., 398 S.W.2d 270, 274-75 (Tenn. 1966). In 1981, the SC Supreme Court also recognized the tort of intentional infliction of emotional distress, also called the tort of “outrage,” in Ford v. Hutson. Intentional Infliction of Emotional Distress: Torts & Tort Law Basics. Intentional Infliction of Emotional Distress The Illinois Supreme Court first recognized intentional infliction of emotional distress as a cause of action in Knieriem v. Izzo, 22 Ill. 2d 73 (1961). THE EVER-BRODENING CLASS OF PLAINTIFFS On November 14, 2014, the Indiana Court of Appeals released its opinion in Clifton v. McCammack, No. Not all offensive conduct qualifies as intentional infliction of emotional distress, however. The tort of intentional infliction of emotional distress has four elements: (1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress. In such cases, the victim can recover damages from the person causing the emotional distress. [name of defendant] engaged in conduct that [he/she] should have realized involved an unreasonable risk of causing emotional distress to others, 2. 1. "The tort of intentional infliction of emotional distress, also known as the tort of outrageous conduct, was recognized in Tennessee in Medlin v. Allied Inv. CV1506 Negligent infliction of emotional distress-Bystander. Georgia is in the minority of states that follow this illogical “impact rule.”Lee v. State Farm Mutual Ins. MCL 600.5851(1). In order to recover for negligent infliction of emotional distress, [name of plaintiff] must prove all of the following: 1. Plaintiffs asserting claims for negligent infliction of emotional distress must establish that they were owed a duty by a defendant, that such duty was breached and, because of the breach, they were exposed to an unreasonable risk of bodily injury or death. In this case, Ray Clifton had been living with his 51-year-old son, Darryl Clifton, […] 49A02-1404-CT-276. Elements of Intentional Infliction of Emotional Distress. Does SC Recognize Intentional Infliction of Emotional Distress? Intentional Infliction of Emotional Distress 1. Intentional infliction of emotional distress generally involves some kind of conduct that is so terrible that it causes severe emotional trauma to the victim. A. Intentional Infliction of Emotional Distress.