Deborah S. v. Diorio

In Deborah S. v. Diorio, 153 Misc.2d 708 (N.Y. City Civ.Ct. Feb 18, 1992), the plaintiff brought an action seeking to recover compensatory and punitive damages for injuries sustained as a result of "acquaintance rape." The defendant was found liable for the intentional infliction of emotional distress, which was held to be the predicate for compensatory and punitive damages. The Diorio Court held that compensatory damages for the intentional infliction of emotional distress "include compensation for the injury itself, conscious pain and suffering including mental and emotional anxiety which can be based on the plaintiff's subjective testimony plus special damages, which need not be pleaded". (Id. at 715.)