Intentional Infliction of Emotional Distress New Jersey
In Buckley v. Trenton Sav. Fund Soc'y, 111 N.J. 355, 544 A.2d 857 (1988), the Supreme Court of New Jersey first recognized a cause of action for intentional infliction of emotional distress.
In order to establish a claim for intentional infliction of emotional distress, the plaintiff must establish intentional and outrageous conduct by the defendant, proximate cause, and distress that is severe. Id. at 366, 544 A.2d 857.
The distress must be so severe that no reasonable person could be expected to endure it.
Severe emotional distress refers to any type of severe and disabling emotional or mental condition which may be generally recognized and diagnosed by professionals trained to do so. Taylor v. Metzger, 152 N.J. 490, 515, 706 A.2d 685 (1998).
It is not enough to establish that a party is acutely upset by reason of the incident.
In order to be actionable, the claimed emotional distress must be sufficiently substantial to result in physical illness or serious psychological sequelae. Schillaci v. First Fidelity Bank, 311 N.J.Super. 396, 406, 709 A.2d 1375 (App.Div.1998); Lingar v. Live-In-Companions, Inc., 300 N.J.Super. 22, 34-35, 692 A.2d 61 (App.Div.1997).