This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Infliction of Emotional Distress and the related topic of intentional torts. Emotional distress is a very subjective type of harm, and it changes from person to person. There is no such indication in this case. One example of this is in a case of a car accident that involved road rage—when the defendant’s violent display of anger caused an accident … at 296-97. The case brought up the issue of whether or not the First Amendment protected public protestors at a funeral against claims of emotional distress, better known as tort liability. Emotional Distress Tort Actions. Instead, plaintiff must set forth specific facts. Similarly, at least part of the injury she suffered from the battery-emotional pain and suffering-is part of the injury she suffered from the emotional injury tort. We are uncertain whether the state courts would entertain an emotional distress claim in addition to the other torts alleged in this case. See Howell v. New York Post Co., 81 N.Y.2d 115, 121, 596 N.Y.S.2d 350, 353, 612 N.E.2d 699, 702 (1993). Also, several experts testified that the W… As to that component of the award, we conclude that, whether or not New York would sustain Bender's claim of emotional distress on these facts, the aggregate award is excessive, primarily because of the considerable extent to which it represents a duplication of damages, and in the circumstances of this case, that excessiveness is plain error despite the lack of objection in the trial court. Plaintiff’s action against former wife’s lover for intentional infliction of emotional distress is barred under Va. Code § 8.01-220 when conduct alleged would support action for alienation of affection which is prohibited by statute. Court held that medical malpractice action against such examiner could be maintained and that plaintiff had alleged sufficient facts to withstand demurrer, in that, plaintiff alleged what the standard of care was, breach of that standard, and resulting damages. Some courts and commentators have substituted mental for emotional, but the tort is the same. Employee had difficulty coping or contending with circumstances of employment. Especially significant to this appeal, the form did not provide the jurors with a means of indicating in what respects their compensatory awards against any of the individual officers for any of the four categories of torts were to be considered separate or duplicative. at 144-45. Bender claimed that Lt. Timmes shoved her for no reason and told her to move on, and that Lt. Heinz and Officer O'Sullivan then joined Lt. Timmes and forcibly arrested her for disorderly conduct and resisting arrest. Where higher awards have been upheld, significant aggravating circumstances have been present. We are left with an aggregate award of $300,700, which we conclude is excessive and which we conclude is highly likely to have been artificially inflated by duplication of awards among causes of action and among defendants. Pervading this entire appeal are substantial issues concerning the size of the aggregate jury award and the distinct risk that the aggregate award was inflated by significant duplication among the separate awards for different torts and against different defendants. Even without a physical infliction, you may still be able to sue for psychological trauma in Florida if you were in the zone of danger. Firefox, or Judge Cedarbaum sustained the jury's verdict on that basis. Id. 2007 Almy v. Grisham, 273 Va. 68, 639 S.E.2d 182. Bender was handcuffed and placed in a police van. FN1. Intentional infliction of emotional distress is a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an "extreme and outrageous" way. Cause of action will lie for emotional distress, unaccompanied by physical injury, provided elements are shown: (1) wrongdoer’s conduct was intentional or reckless; (2) conduct was outrageous and intolerable in that it offends against generally accepted standards of decency and morality; (3) there is causal connection between wrongdoer’s conduct and emotional distress; and (4) emotional distress is severe. Bender refused to remain seated, prompting Officer Corpes to try to force her to sit down. Appellants challenge primarily the component of the $300,700 award imposing $150,000 of damages against one of the individual defendants for intentional infliction of emotional distress. 3:92CV499(RNC) (D.Conn. The events occurring immediately thereafter led to Bender's claims for battery, false arrest, and malicious prosecution on an assault charge, and formed the core of her emotional distress claim. Internet Explorer 11 is no longer supported. This tort is directed at prohibiting conduct intended to cause personal, emotional damage to an individual rather than conduct intended to cause economic damage to a business as was the case here. She alleged claims of (1) false arrest for both the disorderly conduct and assault charges, (2) malicious prosecution for both disorderly conduct and assault, (3) battery, and (4) intentional infliction of emotional distress. Intentional Infliction of Emotional Distress is defined as intentionally or recklessly causing another person severe emotional distress through extreme or outrageous acts. Inside the van were Officer Sonia Corpes and another arrestee. In particular she noted that, if the jury believed that Officer Corpes told Bender with sadistic intent that Bender would have to go through “the system” and that such a statement signified a threat of something worse than being charged and released, “the jury could have believed that there were additional elements of intentional infliction of emotional distress which do not necessarily inhere in a charge of either malicious prosecution or false imprisonment, or false arrest.”, I. Evidence insufficient to support finding that C. & P. intentionally, willfully, or maliciously inflicted bodily harm or emotional distress on plaintiff. Nor did the form ask questions regarding the liability of the City since the jury was told that there was no dispute that the officers were acting in the scope of their employment and, as a result, if any officer was found liable, the judgment would be entered against both the officer and the City. At some point Bender had an altercation with the police, including three of the defendant police officers, Lt. Timmes, Lt. Heinz, and Officer O'Sullivan. Intentional Infliction of Emotional Distress Claim Barred by Worker’s Compensation Claim by The Law Offices of John Day, P.C. Intentional Infliction of Emotional Distress. The judgment awarded Bender $700 against Timmes, Heinz, O'Sullivan, and the City, jointly and severally;  $250,000 against Corpes and the City, jointly and severally;  and $50,000 against Timmes and the City, jointly and severally, for an aggregate amount of $300,700.1, The District Court denied the City's Rule 50(a) motion for judgment as a matter of law and its Rule 59(a) motion for a new trial. She reasoned that the initiation of a false charge, with sadistic intent and for the purpose of subjecting Bender to the prosecution system, could be found to involve additional elements not necessarily comprehended by the torts of false arrest or malicious prosecution. This episode led to Bender's claims for false arrest and malicious prosecution on the disorderly conduct charge, and appears to have contributed to her claim for intentional infliction of emotional distress. Plaintiff must prove by clear and convincing evidence that defendant’s conduct is intentional or reckless, conduct is outrageous, and intolerable, alleged wrongful act, and emotional distress are causally connected, and distress is severe. 1990 Russo v. White, 241 Va. 23, 400 S.E.2d 160. All that was undisputed is that Officer Corpes's arm and Bender's teeth came into contact with each other as the police officer was endeavoring to force Bender, then hand-cuffed, to sit down in the police van. The parties agree that New York sets a high threshold for conduct that is “extreme and outrageous” enough to constitute intentional infliction of emotional distress. See Vitale v. Hagan, 132 A.D.2d 468, 468, 517 N.Y.S.2d 725, 726 (1st Dep't 1987) ($750,000 award, unchallenged on appeal, for malicious prosecution initiated by police officer in reaction to involvement in traffic accident with motorist), aff'd as modified, 71 N.Y.2d 955, 528 N.Y.S.2d 823, 524 N.E.2d 144 (1988);  see also Hughes v. Patrolmen's Benevolent Ass'n of the City of New York, 850 F.2d 876, 884 (2d Cir.) Corpes and Bender screamed and swore at each other and Corpes, using the back of her arm, hit Bender in the mouth. Bender testified that Officer Corpes struck her in the mouth, and Bender explicitly said at one point, “I didn't bite her, I opened my mouth and my teeth marks were exactly where she placed her upper arm.”   Admittedly, her testimony was not entirely consistent since she had earlier said that as Officer Corpes “went ․ to hit me in the face ․ I instinctively opened my mouth. Brien Roche is a personal injury attorney In tort law, intentional infliction of emotional distress (“IIED”) refers to when a defendant intentionally or recklessly behaves in a way that is so “extreme and outrageous” that it causes another person to suffer severe emotional distress or trauma. Nov. 15, 1995) (jury charge).This language is helpful, and, if applicable state law permits recovery for an overlapping tort like emotional distress because some separate component of injury is compensable, beyond the injuries compensated under other claims, a court might usefully add:Any damage award for the emotional distress claim must be limited to the component of injury you find sustained for this claim, if any, over and above whatever emotional distress you have already compensated by your awards for other claims. In this case defendant had dated plaintiff once and thereafter made repeated harassing phone calls. Bender's federal court lawsuit alleged section 1983 and pendent state law claims against the four police officers and New York City. Second, they contend that New York would not allow recovery for an emotional distress tort under circumstances where the alleged conduct is largely if not entirely compensable under other tort causes of action. See Herlihy, 214 A.D.2d at 263, 633 N.Y.S.2d at 114 (rejecting emotional distress claim because allegedly tortious conduct was within ambit of defamation claim);  Butler v. Delaware Otsego Corp., 203 A.D.2d 783, 784-85, 610 N.Y.S.2d 664, 665-66 (3d Dep't 1994) (same);  Sweeney v. Prisoners' Legal Services, 146 A.D.2d 1, 7, 538 N.Y.S.2d 370, 374 (3d Dep't 1989) (same). Whether the plaintiff's claims for intentional infliction of emotional distress based on conduct prior to August 25, 1997, are barred by the applicable statute of limitations. 2000 McDermott v. Reynolds, 260 Va. 98, 530 S.E.2d 902. See Hygh v. Jacobs, 961 F.2d 359, 366 (2d Cir.1992);  Dabbs v. State, 59 N.Y.2d 213, 218, 464 N.Y.S.2d 428, 430, 451 N.E.2d 186, 188 (1983). “I have been a client of Brien Roche for over 25 years and continue to receive exception service. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Here defendant negligently interred body of plaintiff’s husband. In some cases, the circumstances of termination are so cruel, intimidating, and severe that an employee suffers extreme emotional upset. 2020) case opinion from the US Court of Appeals for the Sixth Circuit If the situation satisfies all of the … Two recent decisions of the Appellate Division rejecting emotional distress claims have taken a restrictive approach to this state law tort. Sources and Authority • “A cause of action for intentional infliction of emotional distress exists when there is ‘ (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; When Corpes's arm made contact with Bender's teeth, Corpes, claiming to have been bitten, smiled and said, “Now you're going through the system, you fucking bitch.”   Corpes testified that “going through the system” meant that Bender would be held in jail for at least 24 hours, rather than released in an hour or two with a Desk Appearance Ticket. The underlying concept is that one has a legal duty to use reasonable care to avoid causing emotional distress to another individual. Defendant who was in charge of operating room refused to admit plaintiff and his physician to operating room. The police misconduct in this case, stripped of Bender's emotional characterizations, resulted in the following injuries:  a physical blow to the mouth that resulted in no bruise or cut, much less any permanent injury;  24 hours' confinement in a cell under extremely unpleasant conditions;  an additional five hours of custody prior to release at arraignment;  the pendency of disorderly conduct and assault charges for six months, prior to their dismissal;  and emotional distress to the plaintiff that was manifested by nightmares and occasional loss of sleep over a period lasting a year and a half. Id. For more information on emotional distress see the pages on Wikipedia. However, when a person’s actions are intentional and lead to further pain and suffering, the court may grant additional money to compensate the victim for the harm. The tort of intentional infliction of emotional distress (IIED) is defined as the plaintiff acting abominably or outrageously with the intention of causing the defendant to suffer severe emotional distress. Often, when involved in an accident or after sustaining an injury, one can suffer more than just physical pain. Levine is Bender's most persuasive authority, but the unusual personal involvement of the police officer with the victim's husband makes that case a doubtful authority for inferring any generalized rule. One special case involving intentional infliction of emotional harm is the case of bystanders. I. But appellants have challenged on appeal only the component of the $300,700 judgment attributable to the emotional distress claim, and we think it would be unwarranted to require Bender to remit anything more than the $150,000 awarded for that claim. Jury could conclude that defendants acted recklessly if plaintiff presents evidence at trial that defendants knew she may have been exposed to HIV but failed to inform her so she could have taken preventive measures to avoid transmission to her husband. See Fletcher v. Western National Life Insurance Co., 10 Cal.App.3d 376 (1970). Since it appears that the City has agreed to pay whatever sums are awarded against the individual officers, we see no need to apportion among the defendants the amount of the judgment remaining after remittitur. 394, 78 L.Ed.2d 337 (1983). Many individuals will also suffer emotional harm from the experience. Some Missouri courts have extrapolated the standard for the negligent infliction of emotional distress to intentional infliction of emotional distress cases and required under Bass v. Nooney Co., 646 S.W.2d 765, 772-773 (Mo. On June 15, 1991, Bender was riding her bicycle in Manhattan near Tompkins Square Park, where a demonstration was taking place to protest the closing of the park. Over the years he has represented in numerous situations including very large commercial transactions, business issues and others. Fright, sec. During the course of the hearing on the demurrer, the trial court improperly took judicial notice of certain deposition testimony and therefore improperly granted the demurrer as to the intentional infliction claim. at 557-58, 402 N.Y.S.2d at 993, 373 N.E.2d at 1217. 6. 3. Whatever injury Bender suffered from being falsely arrested is distinct from the injury she suffered when struck by Officer Corpes. He will give you options and the pros and cons of each for you to decide what is your best course of action. Defendants-appellants, the City of New York and four current and former police officers, appeal from the March 31, 1995, judgment of the District Court for the Southern District of New York (Miriam Goldman Cedarbaum, Judge), after a jury trial, awarding plaintiff-appellee Sherry Bender $300,700 for false arrest, malicious prosecution, battery, and intentional infliction of emotional distress. Plaintiff is a prisoner who alleged that defendant denied him medical treatment and refused to recommend that he be exempted from the grooming policy. Our examination of other police misconduct cases is instructive. Begin typing to search, use arrow keys to navigate, use enter to select. Intentional infliction of emotional distress or mental distress is a tort claim for intentional conduct that results in mental reaction such as anguish, grief, or fright to another person’s actions that entails recoverable damages. See O'Neill v. Krzeminski, 839 F.2d 9, 13 (2d Cir.1988) (emotional pain compensable as component of damages for police brutality). Court does not decide whether that element has been met but goes on to indicate that pleadings are insufficient as matter of law to meet requirement of severe emotional distress because plaintiff simply alleges that she was nervous, could not sleep, experienced stress and had physical symptoms and withdrew from activities and was unable to concentrate at work. at 1350, 1353. First, it's important to note that so-called "emotional distress" damages are usually available when a claimant suffers physical injury as a result of an accident or intentional conduct. Similarly, once an award of damages has been determined for an injury, there may not be additional compensatory damages for that same injury from two or more defendants. A proper verdict form and jury charge would have focused the jury's attention on the extent to which the injuries resulting from the various torts alleged were separate, and the extent to which they were not. The scope of this legal duty -- and how a plaintiff's standing is determined -- … That did not rise to the level of severe emotional distress as required by the case law. Emotional distress can take many forms, and there is no one definition. In addition, as we have repeatedly explained, the jury should have been instructed first to ascertain the amount of compensable damages to be awarded for each injury (or incremental injury not previously compensated) and then to determine which of the defendants was liable for such damages. Plaintiff alleged that defendant verbally abused her, raised his voice, caused her to break down in tears, stated that she was putting on a show, and accused her of being a faker and a malingerer. d (1965)). In King v. Macri, 993 F.2d 294 (2d Cir.1993), a jury awarded $75,000 in compensatory damages to a victim of malicious prosecution who had been beaten while in custody and confined for two months. At first glance, the loss of liberty injury resulting from the arrest for assault would seem to duplicate entirely the loss of liberty injury resulting from the arrest for disorderly conduct, since the confinement for both arrests resulted in the same time in confinement and under the same conditions. If appellants had properly challenged the aggregate award, we might well have ordered a new trial unless Bender agreed to a very substantial remittitur. Stay up-to-date with FindLaw's newsletter for legal professionals. Plaintiff sued alleging the intentional infliction of emotional distress and related civil conspiracy. The second cause of action asserted in the complaint sought to recover damages for intentional infliction of emotional distress. Somewhat pertinent to our case, an allegation that a female police officer made a false complaint against a plaintiff was held by the Appellate Division to state a claim for infliction of emotional distress, sufficient to withstand summary judgment, at least where the plaintiff and her husband were “in the midst of a matrimonial action in which [the police officer] was named.”  Levine v. Gurney, 149 A.D.2d 473, 473, 539 N.Y.S.2d 967, 968 (2d Dep't 1989). Cause of action for intentional infliction of emotional distress. Id. To remedy that excessiveness, at least down to the level of the amount unchallenged by appellants, we will reverse the judgment and order a new trial unless Bender agrees to remit $150,000. 19-5230 (6th Cir. I strongly encourage anyone to meet with Brien before they decide who to hire to represent them.” - Clifton Killmon. For instance, cases where a person witnessed the death or injury to their family member from a drunk driver may qualify for negligent infliction of emotional distress; and Intentional Infliction of Emotional Distress: This claim for emotional distress occurs when a defendant’s actions are intentional or reckless. Under Illinois law, it is possible to obtain money damages as compensation for emotional harm (also called emotional distress). Is unlikely they were aware of it Bender 's evidence permitted the jury 's verdict on that.... 670, 385 S.E.2d 893, including our terms of service apply S.E.2d 145 harm a... Case involving intentional infliction of emotional distress when he or she intended to cause distress to individual... Northern Virginia, Washington DC, and Maryland privacy intentional infliction of emotional distress cases and terms of use and privacy policy terms! Medical treatment and refused to recognize a claim, 373 N.E.2d at 702 subjective of... 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