Torts Memo

George sued Jerry under a theory of intentional pain in the neck of unrestrained distress, alleging various grievances. Jerry has moved to dismiss the distemper on the grounds 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 bother of e causeal distress. The issue at hand is should the court deny the motion to dismiss.The essential elements of an action for intentional vexation of emotional distress in North Carolina argon 1) extreme and dread(a) post by the suspect 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 Court of Appeals affirmed the firing off of plaintiffs Count Number II, we nevertheless affirm the dismissa l on other grounds.The requirement that plaintiff in a malicious prosecution action establish on a prior civil proceeding show some special damage resulting therefrom, as discussed supra, is an essential, substantive element of the claim. In Hogan v. Forsyth Country Club Co. , 317 N. C. 334, 346 S. E. 2d 141 (1986), the court decided 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 case are similar to Hogan. The courts ruled that the facts in Hogan did not meet the standards for intentional infliction of emotional distress stupefy in Stanback, and decided for the defendant. Both decisions state clearly that there must be some correct of special damage and that the damage must be extreme and outrageous. It is my opinion that the courts approve Jerrys motion to dismiss as the facts in this case do n ot meet the North Carolina standard for the infliction of emotional distress.