SUE THE LANDLADY

Severe emotional distress [is] emotional distress of such substantial quantity or enduring quality that no reasonable man in a civilized society should be expected to endure it.” (Fletcher v. Western Life Insurance Co. (1970) 10 Cal.App.3d 376, 397 [89 Cal.Rptr. 78].)

The elements of the tort of intentional infliction of emotional distress are: ‘(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff’s suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant’s outrageous conduct.’ ” (Christensen v. Superior Court (1991) 54 Cal.3d 868, 903 [2 Cal.Rptr.2d 79, 820 P.2d 181], internal citation omitted.)

15 California Points and Authorities, Ch. 153, Mental Suffering and Emotional Distress. § 153.20 et seq. (Matthew Bender)

evere Emotional Distress

Emotional distress can take many forms. Many unpleasant emotions qualify as emotional distress, including embarrassment, shame, fright and grief.

In order to satisfy the elements of an intentional infliction claim, however, the emotional distress in response to extreme and outrageous behavior must reach a "severe" level. The exact definition of severe emotional distress is vague, and plaintiffs must prove to a jury that the emotional distress they experienced reached a sufficient level of severity to justify an award for intentional infliction.

Some guidelines do exist to help determine whether an emotional disturbance constitutes severe emotional distress. When extreme and outrageous conduct causes suffering such that no reasonable person should have to endure it, a jury will likely hold that the experience reached the level of severe emotional distress.

The intensity and duration of the emotional distress also contribute to its severity. The longer the emotional disturbance continues, the more likely it is to constitute severe emotional distress.

A plaintiff must use evidence to demonstrate their emotional distress to a jury. For example, a plaintiff can use persistent anxiety and paranoia resulting from a Halloween prank gone bad to show that they suffered extreme emotional distress as a result of the conduct.

Sometimes the very nature of the conduct in question will suffice to demonstrate that the victim suffered severe emotional distress. If behavior is particularly disturbing, the plaintiff may not have to offer much evidence to support their claims; the behavior itself is so reprehensible that the emotional distress is almost assumed.

Bodily harm also acts as an indicator that severe emotional distress has occurred. Ulcers or headaches, for example, can show that the plaintiff has experienced severe emotional distress that has revealed itself through these physical symptoms.