Intentional Infliction of Emotional Distress Elements Ohio

In Ohio, the plaintiff must satisfy four elements to succeed on a claim for intentional infliction of emotional distress: (1) that the actor either intended to cause emotional distress or knew or should have known that actions taken would result in serious emotional distress to the plaintiff; (2) that the actor's conduct was so extreme and outrageous as to go beyond all possible bounds of decency and was such that it can be considered as utterly intolerable in a civilized community; (3) that the actor's actions were the proximate cause of the plaintiff's psychic injury; (4) that the mental anguish suffered by plaintiff is serious and of a nature that no reasonable man could be expected to endure it. Pathan v. Pathan, Montgomery App. No. 20926, 2006 Ohio 43, at P31-32. Extreme and outrageous conduct is conduct that "has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community." Wenzel v. Al Castrucci, Inc. (June 18, 1999), Montgomery App. No. 17485, 1999 Ohio App, quoting Yeager v. Local Union 20 (1987), 6 Ohio St.3d 369, 374-375, 6 Ohio B. 421, 453 N.E.2d 666.