OUJI-CIV No. 20.1

ELEMENTS OF LIABILITY — INTENTIONAL INFLICTION OF

EMOTIONAL DISTRESS

For [Plaintiff] to recover from [Defen dant] on [his/her] claim for

intentional infliction of emotional distress, [he/she] must prove by the

greater weight of the evidence that:

1. [Defendant's] actions in the setting in which they occurred were so

extreme and outrageous as to go beyond all possible bounds of decency and

would be considered atrocious and utterly intolerable in a civilized society;

and

2. [Defe ndant] intentionally or recklessly caused severe emotional

distress to [Plaintiff] beyond that which a reasonable person could be

expected to endure.