Travis v. Alcon Laboratories, Inc
In Travis v. Alcon Laboratories, Inc., 202 W. Va. 369, 504 S.E.2d 419 (1998) after explaining the connection between outrage and the intentional or reckless infliction of emotional distress, the Court described the way in which a plaintiff may prevail in such a claim:
In order for a plaintiff to prevail on a claim for intentional or reckless infliction of emotional distress, four elements must be established. It must be shown:
(1) that the defendant's conduct was atrocious, intolerable, and so extreme and outrageous as to exceed the bounds of decency;
(2) that the defendant acted with the intent to inflict emotional distress, or acted recklessly when it was certain or substantially certain emotional distress would result from his conduct;
(3) that the actions of the defendant caused the plaintiff to suffer emotional distress;
(4) that the emotional distress suffered by the plaintiff was so severe that no reasonable person could be expected to endure it.