M Civ JI 119.01 Intentional Infliction of Emotional Distress - Burden of Proof

Plaintiff claims that defendant is responsible for the intentional infliction of emotional distress. For this claim, plaintiff has the burden of proving:

(a) that defendant’s conduct was extreme and outrageous,

(b) that defendant’s conduct was intentional or reckless,

(c) that defendant’s conduct caused plaintiff severe emotional distress, and

(d) that defendant’s conduct caused plaintiff damages.

Your verdict will be for the plaintiff if the plaintiff has proved all of those elements.

Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.

Comment

Lewis v LeGrow, 258 Mich App 175; 670 NW2d 675 (2003); Dalley v Dykema Gossett, 287 Mich App 296; 788 NW2d 679 (2010).

History

M Civ JI 119.01 was added October 2014. Amended January 2020.