In what circumstances will a plaintiff be able to recover damages for emotional distress?

Third, as demonstrated above, in determining whether emotional distress is serious, an objective standard should be utilized. This is because, as noted [15 Cal.App.4th 643] in Rodrigues v. State (1970) 52 Hawaii 156, 472 P.2d 509, "[I]t is universally agreed that there are compelling reasons for limiting the recovery of the plaintiff to claims of serious mental distress. The reasons offered to limit recovery are that mental distress of a trivial and transient nature is part and parcel of everyday life in a community, that under certain circumstances social controls may deal more effectively with mental distress, that some kinds of

Page 893