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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hoffman v. Davenport-Metcalf, 851 A.2d 1083 (2004)

Citation
Hoffman v. Davenport-Metcalf, 851 A.2d 1083 (2004)
Parent Document
Hoffman v. Davenport-Metcalf, 851 A.2d 1083 (2004)
Jurisdiction
Rhode Island (state)
Effective Date
2004-06-21

Other Sections in This Document (104)

Full Text

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“It has not been enough that the defendant has acted with an intent which is tortious or even criminal, or that he has intended to inflict emotional distress, or even that his conduct has been charac*1090terized by ‘malice,’ or a degree of aggravation which would entitle the plaintiff to punitive damages for another tort. Liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all 'possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized, community. Generally, the case is one in which the recitation of the facts to an average member of the community would arouse his resentment against the actor, and lead him to exclaim, ‘Outrageous!’.” Jalowy, 818 A.2d at 707 (quoting Swerdlick v. Koch, 721 A.2d 849, 863 (R.I.1998) and Restatement (Second) Torts, § 46 cmt. d at 73).