N.C.P.I.—Civil 800.60

The (state number) issue reads:

"Did the defendant [intentionally] [recklessly] cause severe emotional

distress to the plaintiff?"

On this issue the burden of proof is on the plaintiff. This means that the

plaintiff must prove, by the greater weight of the evidence, the following three

things: 2

First, that the defendant engaged in extreme and outrageous conduct. 3

Conduct is “extreme and outrageous” when it exceeds all bounds usually

tolerated by decent society. 4

Second, that the defendant’s conduct was [intended 5 to cause]

[recklessly indifferent to the likelihood it would cause] severe emotional

distress to the plaintiff; and

And third, that defendant’s conduct in fact caused severe emotional

distress to the plaintiff.

“Severe emotional distress” means any emotional or mental disorder,

such as [neurosis] [psychosis] [chronic depression] [phobia] [any type of

severe and disabling condition which may be generally recognized and

diagnosed by professionals trained to do so]. 6 [Mere temporary fright or

anxiety, disappointment or regret is not severe emotional distress. 7]

Finally, as to this issue on which the plaintiff has the burden of proof, if

you find, by the greater weight of the evidence, that the defendant engaged

in extreme and outrageous conduct which was [intended to cause] [recklessly

indifferent to the likelihood it would cause] severe emotional distress to the

plaintiff and which did cause severe emotional distress to the plaintiff, then it

would be your duty to answer this issue “Yes” in favor of the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty to

answer this issue “No” in favor of the defendant.