What is the test for a cause of action for emotional distress in a personal injury case?
California, United States of America
The following excerpt is from Crouch v. Trinity Christian Ctr. of Santa Ana, Inc., 253 Cal.Rptr.3d 1, 39 Cal.App.5th 995 (Cal. App. 2019):
A cause of action for IIED requires proof of: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff suffered severe emotional distress; and (3) the defendant's extreme and outrageous conduct was the actual and proximate cause of the severe emotional distress. ( Hughes v. Pair (2009) 46 Cal.4th 1035, 1050, 95 Cal.Rptr.3d 636, 209 P.3d 963.)
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