iied claim in Florida

2025Bd. of Directors of Lee Cnty., 41 So. 3d 246, 256 (Fla. 2d DCA 2010) (applying the facts of that specific case to reverse the dismissal of an IIED claim, holding "in a situation where a person's loved one has died, it would be apparent to anyone that the person would be susceptible to emotional distress and, therefore, that the action of providing false information concerning the loved one's cause of death meets the standard for" an IIED claim); see also Williams v. City of Minneola, 575 So. 2d 683, 691 (Fla. 5th DCA 1991) (noting that there are times where "behavior which in other circumstanc

2025Bd. of Directors of Lee Cnty., 41 So. 3d 246, 256 (Fla. 2d DCA 2010) (applying the facts of that specific case to reverse the dismissal of an IIED claim, holding "in a situation where a person's loved one has died, it would be apparent to anyone that the person would be susceptible to emotional distress and, therefore, that the action of providing false information concerning the loved one's cause of death meets the standard for" an IIED claim); see also Williams v. City of Minneola, 575 So. 2d 683, 691 (Fla. 5th DCA 1991) (noting that there are times where "behavior which in other circumstanc

2024Instead, as below, Buchanan contends that the fact he was not present when Sweetie was shot and killed is not dispositive of his 3 “To prove intentional infliction of emotional distress, the plaintiff must show: (1) The wrongdoer’s conduct was intentional or reckless, that is, he intended his behavior when he knew or should have known that emotional distress would likely result; (2) the conduct was outrageous, that is, as to go beyond all bounds of decency, and to be regarded as odious and utterly intolerable in a civilized community; (3) the conduct caused emotional distress; and (4) the emot

2023While the trial court’s dismissal order dismissed all of Bradley’s claims against Trespalacios, Bradley challenges only the trial court’s dismissal of the IIED claim against Trespalacios. 2 892 n.4 (Fla. 3d DCA 2010) (“We review de novo a trial court’s order dismissing a complaint with prejudice for failure to state a cause of action.”); Deauville Hotel Mgmt., LLC v. Ward, 219 So. 3d 949, 955 (Fla. 3d DCA 2017) (“What constitutes outrageous conduct is a question that must be decided as a matter of law.”).

2025Bd. of Directors of Lee Cnty., 41 So. 3d 246, 256 (Fla. 2d DCA 2010) (applying the facts of that specific case to reverse the dismissal of an IIED claim, holding "in a situation where a person's loved one has died, it would be apparent to anyone that the person would be susceptible to emotional distress and, therefore, that the action of providing false information concerning the loved one's cause of death meets the standard for" an IIED claim); see also Williams v. City of Minneola, 575 So. 2d 683, 691 (Fla. 5th DCA 1991) (noting that there are times where "behavior which in other circumstanc

2025Bd. of Directors of Lee Cnty., 41 So. 3d 246, 256 (Fla. 2d DCA 2010) (applying the facts of that specific case to reverse the dismissal of an IIED claim, holding "in a situation where a person's loved one has died, it would be apparent to anyone that the person would be susceptible to emotional distress and, therefore, that the action of providing false information concerning the loved one's cause of death meets the standard for" an IIED claim); see also Williams v. City of Minneola, 575 So. 2d 683, 691 (Fla. 5th DCA 1991) (noting that there are times where "behavior which in other circumstanc

2025This court has indeed held that "[t]he extreme and outrageous character of the conduct may arise from the actor's knowledge that the other is peculiarly susceptible to emotional distress, by reason of some physical or mental condition or peculiarity." Liberty Mutual Insurance v. Steadman, 968 So. 2d 592, 595 (Fla. 2d DCA 2007) (quoting Restatement (Second) of Torts § 46 comment f).

2025This court has indeed held that "[t]he extreme and outrageous character of the conduct may arise from the actor's knowledge that the other is peculiarly susceptible to emotional distress, by reason of some physical or mental condition or peculiarity." Liberty Mutual Insurance v. Steadman, 968 So. 2d 592, 595 (Fla. 2d DCA 2007) (quoting Restatement (Second) of Torts § 46 comment f).

2025The complaint specifically referenced Maya's vulnerability as a minor while she was a patient at JHACH, alleging: "The Defendants' offenses are aggravated by the fact that Maya was a minor during the time of this outrageous conduct." The tort of IIED was first recognized by the Florida Supreme Court in Metropolitan Life Insurance v. McCarson, 467 So. 2d 277, 278 (Fla. 1985).

2025The complaint specifically referenced Maya's vulnerability as a minor while she was a patient at JHACH, alleging: "The Defendants' offenses are aggravated by the fact that Maya was a minor during the time of this outrageous conduct." The tort of IIED was first recognized by the Florida Supreme Court in Metropolitan Life Insurance v. McCarson, 467 So. 2d 277, 278 (Fla. 1985).

2024Baker v. Fla. Nat’l Bank, 559 So. 2d 284, 287 (Fla. 4th DCA 1990).

2024Baker v. Fla. Nat’l Bank, 559 So. 2d 284, 287 (Fla. 4th DCA 1990).

2006See LeGrande v. Emmanuel, 889 So.2d 991, 994 (Fla. 3d DCA 2004); Johnson v. Dep't of Health & Rehab.

2006See LeGrande v. Emmanuel, 889 So.2d 991, 994 (Fla. 3d DCA 2004); Johnson v. Dep't of Health & Rehab.