Ricki Pyle, a notorious prankster, telephoned Michelle Coopersburg. She told Michelle that her brother had been terribly injured in a horrible accident. "He is near death at the Our Lady of the River Hospital.". Twenty minutes later Ricki phoned Michelle again and giggling finally told her it was "just a practical joke.". Has Ricki committed a tort?

Answer 1

Has Ricki, by her outrageous action, committed the tort of outrageous conduct or intentional infliction of emotional distress? What are the requirements of the tort?
Intentional infliction of emotional distress is extreme and outrageous intentional behavior that results in severe emotional distress to another. The act must be atrocious, utterly intolerable in modern society and exceed the bounds of all decency.
Ricki clearly intended to make the telephone call and say what she said. The statements were false and a reasonable person would expect that anyone hearing about a loved one's injury in such an accident would be likely to suffer emotional and possibly physical pain. Ricki's behavior was extreme and outrageous conduct outside the bounds accepted by society. Although Ricki may have intended a
joke the phone call was not funny and her conduct was too extreme to be considered funny. As a result of Ricki's conduct, Michelle no doubt did suffer intense mental pain and anxiety. [It is difficult to prove the absolute existence of mental suffering. Because of this difficulty, a few states require that
the mental disturbance be evidenced (proved) by some physical illness or outwardly manifested injury. We do not know from the facts given whether she suffered physical illness or whether the state where this incident occurred requires a physical manifestation of the mental aggravation as an element of the tort.]Ricki is liable to Michelle for the damages caused by her behavior if Michelle suffered mental anguish.