Homesavers Council of Greenfield Gardens, Inc. v. Sanchez, 70 Mass. App. Ct. 453 (2007)

Citation: Homesavers Council of Greenfield Gardens, Inc. v. Sanchez, 70 Mass. App. Ct. 453 (2007) 3.
Parent Document: Homesavers Council of Greenfield Gardens, Inc. v. Sanchez, 70 Mass. App. Ct. 453 (2007)
Jurisdiction: Massachusetts (state)
Effective Date: 2007-10-10
Original Source: https://www.courtlistener.com/opinion/6588732/homesavers-council-of-greenfiel... ↗

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3. Intentional infliction of emotional distress. While we have held that proof of the Agis factors is not a prerequisite for the recovery of emotional distress damages for violation of G. L. c. 186, § 14 (see part 2, supra), we conclude that the evidence here is sufficient to sustain a finding of intentional or reckless infliction of emotional distress even if the Agis factors are applied. “[Ojne who, by extreme and outrageous conduct and without privilege, causes severe emotional distress to another is subject to liability for such emotional distress even though no bodily harm may result.” Agis v. Howard Johnson Co., 371 Mass. at 144. To recover on this common-law claim, “[i]t must be shown (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,’ was ‘beyond all possible bounds of decency’ and was ‘utterly intolerable in a civilized community’ . . . ; (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 so ‘severe’ and of a nature ‘that no reasonable man could be expected to endure it’ ” (citations omitted).10 Id. at 144-145. The definitions thus focus on particularly reprehensible conduct combined with an intense effect on the victim of the defendant’s behavior.

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