Payne v. Wallace8/14/2001
s no substantial evidence upon which the jury could find in favor of the claimant. Stephens v. Stearns, 106 Idaho 249, 253, 678 P.2d 41, 45 (1984); Curtis v. DeAtley, 104 Idaho 787, 789, 663 P.2d 1089, 1091 (1983). A claim must be submitted to the jury if the evidence is of sufficient quantity and probative value that reasonable minds could conclude that a verdict in favor of the claimant was proper. Elce v. State, 110 Idaho 361, 363, 716 P.2d 505, 507 (1986); All v. Smith's Mgmt. Corp., 109 Idaho 479, 480, 708 P.2d 884, 885 (1985).
A claim for intentional infliction of emotional distress will lie only when there has been extreme and outrageous conduct by the defendant and resultant severe emotional distress suffered by the plaintiff. Davis v. Gage, 106 Idaho 735, 741, 682 P.2d 1282, 1288 (Ct. App. 1984). The four elements of this tort are: 1) the defendant's conduct was intentional or reckless; 2) the conduct was extreme and outrageous; 3) there was a causal connection between the wrongful conduct and the plaintiff's emotional distress; and 4) the emotional distress was severe. Spence v. Howell, 126 Idaho 763, 774, 890 P.2d 714, 725 (1995); Davis, supra. We find it unnecessary to address the first three of these elements, for we agree with the district court's assessment that there was insufficient evidence to satisfy the fourth element, severe emotional distress.
Although it is not necessary to show that the plaintiff's emotional distress resulted in a physical manifestation, Curtis v. Firth, 123 Idaho 598, 601, 850 P.2d 749, 752 (1993), liability for intentional infliction of emotional distress arises only when the emotional reactions are "so severe that no reasonable [person] could be expected to endure it." Davis, supra. In Evans v. Twin Falls County, 118 Idaho 210, 220, 796 P.2d 87, 97 (1990), and Davis, the Idaho courts adopted the following commentary from the RESTATEMENT (SECOND) OF TORTS to describe the severity of the emotional distress that is necessary to support recovery for this tort:
The rule stated in this Section applies only where the emotional distress has in fact resulted, and where it is severe. Emotional distress passes under various names, such as mental suffering, mental anguish, mental or nervous shock, or the like. It includes all highly unpleasant mental reactions, such as fright, horror, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, worry, and nausea. It is only where it is extreme that the liability arises. Complete emotional tranquility is seldom attainable in this world, and some degree of transient and trivial emotional distress is a part of the price of living among people. The law intervenes only where the distress inflicted is so severe that no reasonable man could be expected to endure it. The intensity and the duration of the distress are factors to be considered in determining its severity. RESTATEMENT (SECOND) OF TORTS ยง 46 cmt. j (1965).
With respect to Stacie's claim for emotional distress, Diana testified that during Wallace's initial tirade, Stacie screamed, and each time Wallace resumed yelling insults, Stacie became fearful and began crying again. Stacie told her mother that she was afraid of Wallace. Diana testified that she was able to calm her daughter down after each of Wallace's outbursts. Stacie was a witness at trial. When asked to describe how Wallace's behavior made her feel, she responded that it made her "angry and sad" and that she was afraid that Wallace was going to do something to hurt her and her mother. The only other evidence of Stacie's emotional distress was testimony that Stacie had a sleep disturbance the night following the accident and that she had a continuing aversion to th
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