Wis JI-Civil 1511

(Plaintiff) has alleged that (he) (she) sustained severe emotional distress as a result of

the (accident) (incident) involved in this case [independent of (his) (her) claim of physical

injuries] [in the absence of physical injuries.] Emotional distress is compensable with or

without physical injuries if (defendant) was negligent with respect to the (accident)

(incident) involved in the case, the (accident) (incident) caused the (plaintiff) emotional

distress, and the emotional distress is severe. Therefore, there are three things that

(plaintiff) must prove by the greater weight of the credible evidence to a reasonable

certainty:

1. (defendant) was negligent with respect to the (accident) (incident) involved in the

case;

2. the (accident) (incident) was a cause of (plaintiff)’s emotional distress; and

3. the emotional distress is severe.

First, as to negligence:

INSERT INSTRUCTION ON NEGLIGENCE (WIS JI-CIVIL 1005)

Second, as to emotional distress, “emotional distress” is sometimes referred to as

mental suffering or mental anguish. [It is sometimes described as post-traumatic stress

disorder.] It includes all highly unpleasant mental reactions such as fright, grief, anger and

worry, and it may include physical manifestations of emotional distress such as nausea,

insomnia, and hysteria.

However, in order for emotional distress to be an independent or direct legal claim, the

emotional distress must be severe. Complete emotional tranquility is seldom attainable in

this world, and some degree of emotional distress is part of the price of living among other

people. The law permits a claim for emotional distress separate from physical injuries or

in the absence of physical injuries only where the emotional distress is so severe that no

reasonable person could be expected to endure it.

Third, as to cause:

INSERT INSTRUCTION ON CAUSE (WIS JI-CIVIL 1500)

If you are satisfied from the evidence that (defendant) was negligent with respect to

the (accident) (incident) involved in this case and the (accident) (incident) was a cause of

emotional distress to (plaintiff), and the emotional distress was severe, you should award

fair and reasonable compensation for the claim of severe emotional distress. If you are not

satisfied, make no allowance for the claim of severe emotional distress and confine your

award to fair and reasonable compensation for any other injuries to (plaintiff) that were

caused by the (accident) (incident).