Can a plaintiff recover damages for reckless infliction of severe emotional distress?

MultiRegion, United States of America

The following excerpt is from Dutson v. Farmers Ins. Exchange, 35 F.3d 570 (9th Cir. 1994):

Under the second situation described above--reckless infliction of severe emotional distress--a plaintiff can recover "by showing recklessness or a reduced level of intent, i.e., 'the intent to do the painful act with knowledge that it will cause grave distress ...' " Hammond, 816 P.2d at 598 (quoting Hall v. The May Dept. Stores Co., 292 Or. 131, 135, 637 P.2d 126 (1981).

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