Instruction 1600 [Intentional Infliction of Emotional Distress—Essential Factual Elements]:
The plaintiff claims that the defendant’s conduct caused her to suffer severe emotional distress. To establish this claim, the plaintiff must prove all of the following:
1. That the defendant’s conduct was outrageous;
2. [That the defendant intended to cause the plaintiff emotional distress;]
[or]
[That the defendant acted with reckless disregard of the probability that the plaintiff would suffer emotional distress, knowing that the plaintiff was present when the conduct occurred;]
3. That the plaintiff suffered severe emotional distress; and
4. That the defendant’s conduct was a substantial factor in causing the plaintiff’s severe emotional distress.
Instruction 1601 [Intentional Infliction of Emotional Distress—Fear of Cancer, HIV, or AIDS]:
The plaintiff claims that the defendant’s conduct caused her to suffer severe emotional distress by exposing the plaintiff to a carcinogen, toxic substance, HIV, or AIDS. To establish this claim, the plaintiff must prove all of the following:
1. That the defendant’s conduct was outrageous;
2. That defendant’s conduct exposed the plaintiff to a carcinogen, toxic substance, HIV, or AIDS;
3. [That the defendant intended to cause the plaintiff emotional distress;]
[or]
[That the defendant acted with reckless disregard of the probability that the plaintiff/the group of individuals including the plaintiff would suffer emotional distress, knowing that she/they was/were present when the conduct occurred;]
4. That the plaintiff suffered severe emotional distress from a reasonable fear of developing a carcinogen, toxic substance, HIV, or AIDS; and
5. That the defendant’s conduct was a substantial factor in causing the plaintiff’s severe emotional distress.
A fear of developing a disease is “reasonable” if the fear stems from the knowledge, confirmed by reliable medical or scientific opinion, that a person’s risk of disease has significantly increased and that the resulting risk is significant.
Instruction 1602 [Intentional Infliction of Emotional Distress—“Outrageous Conduct” Defined]:
“Outrageous conduct” is conduct so extreme that it goes beyond all possible bounds of decency. Conduct is outrageous if a reasonable person would regard the conduct as intolerable in a civilized community. Outrageous conduct does not include trivialities such as indignities, annoyances, hurt feelings, or bad manners that a reasonable person is expected to endure.
In deciding whether the defendant’s conduct was outrageous, you may consider, among other factors, the following:
(a) Whether the defendant abused a position of authority or a relationship that gave him real or apparent power to affect the plaintiff’s interests;
(b) Whether the defendant knew that the plaintiff was particularly vulnerable to emotional distress; and
(c) Whether the defendant knew that his conduct would likely result in harm due to mental distress.
Instruction 1603 [Intentional Infliction of Emotional Distress—“Reckless Disregard” Defined]:
The defendant acted with reckless disregard in causing the plaintiff emotional distress if:
1. The defendant knew that emotional distress would probably result from his conduct; or
2. The defendant gave little or no thought to the probable effects of his conduct.
Instruction 1604 [Intentional Infliction of Emotional Distress—“Severe Emotional Distress” Defined]:
Emotional distress includes suffering, anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, and shame.
“Severe emotional distress” is not mild or brief; it must be so substantial or long lasting that no reasonable person in a civilized society should be expected to bear it. The plaintiff is not required to prove physical injury to recover damages for severe emotional distress.
Instruction 1605 [Intentional Infliction of Emotional Distress—Affirmative Defense—Privileged Conduct]:
The defendant claims that he is not responsible for the plaintiff’s harm, if any, because the defendant’s conduct was permissible. To succeed, the defendant must prove all of the following:
1. That the defendant was exercising his legal right or protecting his economic interests;
2. That the defendant’s conduct was lawful and consistent with community standards; and
3. That the defendant had a good-faith belief that he had a legal right to engage in the conduct.
If you find all of the above, then the defendant’s conduct was permissible.
[Judicial Council Of California Civil Jury Instructions]
