What are the elements of a tort action where a plaintiff was injured in a motor vehicle accident?
MultiRegion, United States of America
The following excerpt is from Yocum v. Rockwell Med. Techs., Inc., Case No. 3:12-cv-0568-GPC-MDD (S.D. Cal. 2013):
elements: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff suffered severe or extreme emotional distress; and (3) the plaintiff's injuries were actually and proximately caused by the defendant's outrageous conduct. Cochran v. Cochran, 65 Cal. App. 4th 488, 494 (1998).
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