Haddad v. Gonzalez, 576 N.E.2d 658 (1991)

Citation: Haddad v. Gonzalez, 576 N.E.2d 658 (1991)
Parent Document: Haddad v. Gonzalez, 576 N.E.2d 658 (1991)
Jurisdiction: Massachusetts (state)
Effective Date: 1991-08-12
Original Source: https://www.courtlistener.com/opinion/2013415/haddad-v-gonzalez/ ↗

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Gonzalez was not required to prove that she had sustained physical injury to prevail on this counterclaim. As noted above, the elements of a cause of action for intentional infliction of emotional distress include: "(1) that the actor intended to inflict emotional distress or that he knew or should have known that emotional distress was the likely result of his conduct; ... (2) that the conduct was `extreme and outrageous' ...; (3) that the actions of the defendant were the cause of the plaintiff's distress; ... and (4) that the emotional distress sustained by the plaintiff was `severe'...." Simon v. Solomon, supra at 95, quoting Agis v. Howard Johnson Co., 371 Mass. 140, 144-145 (1976). Contrast Payton v. Abbott Labs, 386 Mass. 540 (1982) (negligent infliction of emotional distress); Brown v. LeClair, 20 Mass. App. Ct. 976 (1985) (same). There is no requirement of physical injury in common law intentional infliction of emotional distress cases, and we see no reason to create such a requirement *872 for purposes of c. 93A actions. The judge therefore correctly awarded Gonzalez damages under c. 93A for her emotional distress.[11]

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