CJI-Civ. 23:2

Extreme and outrageous conduct is conduct that is so outrageous in character, and

so extreme in degree, that a reasonable member of the community would regard the

conduct as atrocious, going beyond all possible bounds of decency and utterly intolerable in

a civilized community. Such outrageous conduct occurs when knowledge of all the facts by

a reasonable member of the community would arouse that person’s resentment against the

defendant, and lead that person to conclude that the conduct was extreme and outrageous.

(A series of acts may constitute outrageous conduct, even though any one of the acts

might be considered only an isolated unkindness or insult.) (A simple act of unkindness or

insult, standing alone, does not constitute outrageous conduct. However, a single incident

may constitute outrageous conduct if the incident would be so regarded by a reasonable

member of the community.)

(The extreme and outrageous character of conduct may arise from a person’s

knowledge that another is peculiarly susceptible to emotional distress because of some

physical or mental condition or peculiarity. The same conduct without that knowledge

might not be extreme and outrageous. However, the fact that a person knows that another

person will consider the conduct to be insulting or will have his or her feelings hurt does

not, by itself, make the conduct extreme and outrageous.)