Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)

Citation: Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)
Parent Document: Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)
Jurisdiction: California (state)
Effective Date: 1980-02-05
Original Source: https://www.courtlistener.com/opinion/2134128/stoiber-v-honeychuck/ ↗

Full Text

1,512 chars

The elements of the tort for intentional infliction of mental distress are: (1) outrageous conduct by the defendant, (2) intention to cause or reckless disregard of the probability of causing emotional distress, (3) severe emotional suffering and (4) actual and proximate causation of emotional distress (Newby v. Alto Riviera Apartments (1976) 60 Cal.App.3d 288, 296 [131 Cal.Rptr. 547]; Golden v. Dungan (1971) 20 Cal.App.3d 295, 302-311 [97 Cal.Rptr. 577]; see Rest.2d Torts, § 46). The right to recover for emotional distress without physical injury is recognized in California in situations involving extreme and outrageous conduct. (State Rubbish etc. Assn. v. Siliznoff (1952) 38 Cal.2d 330 [240 P.2d 282]; Golden v. Dungan, supra, 20 Cal.App.3d at pp. 307-308; see also Prosser, Law of Torts, supra, p. 60; Rest. 2d Torts, § 46, com. k.) The modern rule is that there is liability for conduct exceeding all bounds usually tolerated by a decent society, of a nature which is especially calculated to cause, and does cause, mental distress (see Prosser, Law of Torts, supra, p. 56). “Behavior may be considered outrageous if a defendant (1) abuses a relation or position which gives him power to damage the plaintiff’s interest; (2) knows the plaintiff is susceptible to injuries through mental distress; or (3) acts intentionally or unreasonably with the recognition that the acts are likely to result in illness through mental distress.” (Newby v. Alto Riviera Apartments, supra, 60 Cal.App.3d 288, 297.)

Other Sections in This Document (161)

Full Text