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WPI14.03.03Outrage—Intentionally or Recklessly Causes Emotional Distress—Definition

6 WAPRAC WPI 14.03.03Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 14.03.03 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
July 2019 Update
Washington State Supreme Court Committee on Jury Instructions
Part II. Negligence—Risk—Misconduct—Proximate Cause
Chapter 14. Willful and Wanton Misconduct and Tort of Outrage
WPI 14.03.03 Outrage—Intentionally or Recklessly Causes Emotional Distress—Definition
A person intentionally or recklessly causes emotional distress if the person:
(1) acts with the intent to cause emotional distress; or
(2) knows that emotional distress is certain or substantially certain to result from [his] [her] conduct; or
(3) is aware that there is a high degree of probability that [his] [her] conduct will cause emotional distress and proceeds in deliberate disregard of it.
Use this instruction with WPI 14.03.01 (Outrage—Burden of Proof) to define the phrase “intentionally or recklessly causes emotional distress.”
This instruction is derived from Restatement (Second) of Torts § 46 comment i (1965). This instruction, however, differs from the Restatement (Second) because of Washington's cases indicating that a required element of outrage is “intentionally or recklessly causes emotional distress” rather than the Restatement's element of “intentionally or recklessly causes severe emotional distress.” See discussion in Comment to WPI 14.03.01 (Outrage—Burden of Proof).
[Current as of September 2018.]
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