Conn. Civ. Jury Instr. 3.12-2

There are three elements that the plaintiff must prove for a finding of negligent infliction of

emotional distress: 1) the defendant engaged in conduct that the defendant should have realized

involved an unreasonable risk of causing emotional distress and that that distress, if it were

caused, might result in illness or bodily injury; 2) that the conduct caused emotional distress to

the plaintiff; and 3) the distress was of such a nature as might result in illness or bodily harm.

As to the first element, that is, that the defendant engaged in conduct that the defendant should

have realized involved an unreasonable risk of causing emotional distress and that that distress, if

it were caused, might result in illness or bodily injury, the plaintiff need not prove that the

defendant intended to cause any harm or distress to the plaintiff but only that the defendant

should have known that it was likely that a reasonable person under the circumstances would be

distressed by the conduct and that that distress might result in illness or bodily injury. As to the

second and third elements, you must determine whether the plaintiff actually experienced fear or

distress, and if so, whether the fear or distress experienced by the plaintiff was reasonable in light

of the conduct of the defendant. If you find that it was reasonable for the plaintiff to experience

distress in light of the conduct of the defendant, then the plaintiff is entitled to prevail and you

can go on to consider damages. Conversely, if any distress experienced by the plaintiff was

unreasonable in light of the defendant's conduct, then you cannot find in favor of the plaintiff on

this count and you must return a verdict for the defendant.

If you find that the plaintiff has proved all of the elements of negligent infliction of emotional

distress, you will find for the plaintiff and award damages on this count as I will describe in the

"damages" section of these instructions. If you find that the plaintiff has not proved the elements

of negligent infliction of emotional distress then you will return a defendant's verdict on this

count.