Torts Memo

George sued Jerry under a theory of intended pain of horny distress, alleging various grievances. Jerry has moved to dismiss the complaint on the suit that even if everything George alleges in the complaint is true, George has failed to allege an adequate basis for liability under a theory of intentional infliction of emotional distress. The tax return at hand is should the court deny the motion to dismiss.The essential elements of an follow up for intentional infliction of emotional distress in North Carolina be 1) extreme and outrageous admit by the defendant 2) which is intended to and does in fact cause 3) severe emotional distress. Extreme and outrageous conduct is conduct which exceeds all bounds usually tolerated by decent society. In Stanback v. Stanback, 297 N. C. 181, 204 (N. C. 1979), the courts ruled Although we find error in the grounds on which the courtroom of Appeals affirmed the chemise of plaintiffs Count Number II, we nevertheless affirm the dismissal on o ther grounds.The requirement that plaintiff in a beady-eyed prosecution action based on a prior well-bred proceeding show some special damage resulting therefrom, as discussed supra, is an essential, substantial element of the claim. In Hogan v. Forsyth Country Club Co. , 317 N. C. 334, 346 S. E. 2d 141 (1986), the court resolute We hold Pfeiffers conduct, as shown by Hogans forecast of evidence, was not such as to be reasonably regarded as extreme and outrageous so as to permit Hogan to recover for intentional infliction of mental distress. The facts in this circumstance are similar to Hogan. The courts ruled that the facts in Hogan did not meet the standards for intentional infliction of emotional distress set in Stanback, and decided for the defendant. both decisions state clearly that there must be some miscellany of special damage and that the damage must be extreme and outrageous. It is my idea that the courts approve Jerrys motion to dismiss as the facts in this pill ow slip do not meet the North Carolina standard for the infliction of emotional distress.