Kloepfel v. Bokor, 66 P.3d 630 (Wash. 2003). · Go Syfert
Kloepfel v. Bokor, 66 P.3d 630 (Wash. 2003). Cases Citing This Book View Copy Cite
“where mental suffering or emotional distress is caused by a willful act, recovery 10 is permitted.”
264 citation events (264 in the last 25 years) across 6 distinct courts.
Strongest positive: Hester v. National Railroad Passenger Corporation (wawd, 2021-07-14)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
discussed Cited as authority (quoted) Hester v. National Railroad Passenger Corporation
W.D. Wash. · 2021 · quote attribution · 1 verbatim quote · confidence low
where mental suffering or emotional distress is caused by a willful act, recovery 10 is permitted.
examined Cited as authority (rule) Dustin Canfield and Darrik Gregg v. Grant County Sheriff’s Office, a Division of Grant County; and Grant County, a legal organized county existing under the laws of the State of Washington; Tom Jones, individually; and Ryan Rectenwald, individually (3×)
E.D. Wash. · 2026 · confidence medium
Snyder, 98 Wash. App. at 321–22 18 (stating “[m]ere insults, indignities, threats, annoyances, petty oppressions, or other 19 trivialities” are not enough) (quoting Grimsby, 85 Wash. 2d at 59 ). 20 1 For example, in Kloepfel v. Bokor, 149 Wash. 2d 192, 194 (2003), Kloepfel 2 sued Bokor for IIED because he violated his no contact order, called her home 3 phone 640 times, work phone 100 times, and threatened to kill her.
discussed Cited as authority (rule) Evalyn Lewis v. Paul Laurence Law PLLC, and Paul Calabro
E.D. Wash. · 2025 · confidence medium
Kleopfel v. Bokor, 149 Wash.2d 192, 195-96 (2003). 1 Defendant’s Motion for Partial Summary Judgment 2 Defendant argues the Court should dismiss Plaintiff’s legal malpractice and 3 breach of fiduciary duty claims for behavior after August 12, 2022, as Plaintiff 4 allegedly terminated the attorney-client relationship on that date. 5 He asserts there is no evidence to show that he had an ulterior purpose 6 regarding his choices and actions nor that he engaged in improper acts 7 during the underlying litigation to support Plaintiff’s claim for abuse of process. 8 Defendant argues Plaintiff …
discussed Cited as authority (rule) Moneesha Kamani, V. Michael Stone
Wash. Ct. App. · 2025 · confidence medium
Thus, Stone’s adding to and revising of medical notes the day after he provided emergency treatment to Bella does not make an average member of the community resent Stone and exclaim “‘Outrageous!’” Kloepfel, 149 Wn.2d at 196 (internal quotation marks omitted) (quoting Reid, 136 Wn.2d at 202 ).
discussed Cited as authority (rule) Ballantyne v. Guenther Management LLC
E.D. Wash. · 2025 · confidence medium
To prove intentional infliction of emotional distress, a plaintiff must 16 show (1) extreme and outrageous conduct; (2) intentional or reckless infliction of 17 emotional distress; and (3) actual result to plaintiff of severe emotional distress. 18 Kloepfel v. Bokor, 149 Wn.2d 192, 195 (2003).
discussed Cited as authority (rule) Moneesha Kamani, V. Michael Stone
Wash. Ct. App. · 2025 · confidence medium
Thus, Stone’s adding to and revising of medical notes the day after he provided emergency treatment to Bella does not make an average member of the community resent Stone and exclaim “‘Outrageous!’” Kloepfel, 149 Wn.2d at 196 (internal quotation marks omitted) (quoting Reid, 136 Wn.2d at 202 ).
discussed Cited as authority (rule) Dean v. City of Tacoma
W.D. Wash. · 2025 · confidence medium
Outrage Claim 16 “The tort of outrage requires the proof of three elements: (1) extreme and outrageous 17 conduct, (2) intentional or reckless infliction of emotional distress, and (3) actual result to 18 plaintiff of severe emotional distress.” Kloepfel v. Bokor, 149 Wn.2d 192, 195 (2003).
cited Cited as authority (rule) Metcalf v. TRA-MINW PS
W.D. Wash. · 2024 · confidence medium
Kloepfel v. 10 Bokor, 149 Wash.2d 192, 195 (2003).
discussed Cited as authority (rule) Tom Chartier, Et Ano, V. Ken Carlson, Et Ano
Wash. Ct. App. · 2024 · confidence medium
Even assuming arguendo the Carlsons’ conduct was extreme and outrageous, and inflected intentionally or recklessly to create emotional distress, the Chartiers do not raise a genuine issue of material fact as to whether the conduct actually resulted in “severe emotional distress.” Kloepfel, 149 Wn.2d at 195 (emphasis added).
discussed Cited as authority (rule) Culver v. 3M Company (2×)
W.D. Wash. · 2024 · confidence medium
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CLAIM 4 In Washington, the tort of intentional infliction of emotional distress, also referred to as 5 outrage, requires the proof of three elements: “(1) extreme and outrageous conduct, (2) 6 intentional or reckless infliction of emotional distress, and (3) actual result to plaintiff of severe 7 emotional distress.” Kloepfel v. Bokor, 149 Wn.2d 192, 195 (2003).
cited Cited as authority (rule) Curtis v. Inslee
W.D. Wash. · 2024 · confidence medium
Kloepfel v. Bokor, 149 Wn.2d 192, 195-96 (2003). 11 State Law Claim 9.
discussed Cited as authority (rule) Medicraft v. State of Washington
W.D. Wash. · 2024 · confidence medium
Intentional infliction of emotional distress (“IIED”) 11 “To establish a claim for intentional infliction of emotional distress (IIED), a plaintiff must 12 prove: ‘(1) extreme and outrageous conduct, (2) intentional or reckless infliction of emotional 13 distress, and (3) actual result to plaintiff of severe emotional distress.’” Munoz v. Bean, 192 Wn. 14 App. 1060 (2016) (quoting Kloepfel v. Bokor, 149 Wn.2d 192, 195 (2003)). 15 To satisfy the IIED claim, the behavior must be “so outrageous in character, and so extreme 16 in degree, as to go beyond all possible bounds of decency…
discussed Cited as authority (rule) Abdur Rashid Khalif f/k/a Norman Calvin Rouse v. Michael McKenzie (2×)
Wash. Ct. App. · 2024 · confidence medium
Kloepfel v. Bokor, 149 Wn.2d 192, 196 (2003); Grimsby v. Samson, 85 Wn.2d 52, 59 , 530 P.2d 291 (1975) (plurality opinion).
discussed Cited as authority (rule) Curtis v. Inslee
W.D. Wash. · 2023 · confidence medium
Any claim for outrage “must be predicated on behavior so outrageous in character, 14 and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as 15 atrocious, and utterly intolerable in a civilized community.” Id. at 196 (cleaned up). 16 The Plaintiffs’ outrage claim should be dismissed.
discussed Cited as authority (rule) Nguyen v. Mercer Island Boys Basketball Booster Club
W.D. Wash. · 2023 · confidence medium
Intentional Infliction of Emotional Distress 24 In Washington, “[t]he tort of outrage requires the proof of three elements: 25 26 (1) extreme and outrageous conduct, (2) intentional or reckless infliction of emotional ORDER GRANTING THE MIBBBC DEFENDANTS’ 1 distress, and (3) actual result to plaintiff of severe emotional distress.” Kloepfel v. Bokor, 2 149 Wn.2d 192, 195 (2003) (citations omitted).
discussed Cited as authority (rule) Nguyen v. Mercer Island Boys Basketball Booster Club
W.D. Wash. · 2023 · confidence medium
Intentional Infliction of Emotional Distress 13 In Washington, “[t]he tort of outrage requires the proof of three elements: 14 15 (1) extreme and outrageous conduct, (2) intentional or reckless infliction of emotional 16 distress, and (3) actual result to plaintiff of severe emotional distress.” Kloepfel v. Bokor, 17 149 Wn.2d 192, 195 (2003) (citations omitted).
discussed Cited as authority (rule) Sanchez v. Aberdeen School District No 5
W.D. Wash. · 2023 · confidence medium
Any claim for outrage “must be predicated on behavior so outrageous in character, and 21 so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as 22 atrocious, and utterly intolerable in a civilized community.” Id. at 196 (internal quotations and 23 citation omitted).
discussed Cited as authority (rule) Sanchez v. Aberdeen School District No 5
W.D. Wash. · 2023 · confidence medium
Any claim for outrage “must be predicated on behavior so outrageous in character, and 12 so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as 13 atrocious, and utterly intolerable in a civilized community.” Id. at 196 (internal quotations and 14 citation omitted).
cited Cited as authority (rule) Ward v. Bank of America
W.D. Wash. · 2022 · confidence medium
Kloepfel v. Bokor, 149 Wn.2d 192, 195 (2003).
cited Cited as authority (rule) Parker v. State of Washington
W.D. Wash. · 2022 · confidence medium
Kloepfel v. Bokor, 149 Wn.2d 192, 195 (2003).
cited Cited as authority (rule) Davis v. Department of Corrections
W.D. Wash. · 2022 · confidence medium
Wash. 2008) (citing Kloepfel v. Bokor, 149 Wn.2d 192, 195 (2003)).
discussed Cited as authority (rule) Tatyana Mason, V John Mason And Laurie Robertson
Wash. Ct. App. · 2021 · confidence medium
Extreme and outrageous conduct sufficient to satisfy the first element must be “‘so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.’” Kloepfel, 149 Wn.2d at 196 (emphasis omitted) (internal quotation marks omitted) (quoting Grimsby v. Samson, 85 Wn.2d 52, 59 , 530 P.2d 291 (1975)). “‘[M]ere insults, indignities, threats, annoyances, petty oppressions, or other trivialities,’” will not amount to extreme and outrageous conduct, and “‘[i]n this …
discussed Cited as authority (rule) Johnigan v. City of Vancouver
W.D. Wash. · 2021 · confidence medium
Outrage 11 In Washington, “[t]he tort of outrage requires the proof of three elements: (1) extreme and 12 outrageous conduct, (2) intentional or reckless infliction of emotional distress, and (3) actual 13 result to plaintiff of severe emotional distress.” Kloepfel v. Bokor, 149 Wn.2d 192, 195 (2003). 14 The Defendants’ motion for summary judgment on the Plaintiffs’ outrage claim should be 15 granted.
discussed Cited as authority (rule) James & Angela Faire v. Richard Alan Finegold
Wash. Ct. App. · 2019 · confidence medium
The other acts alleged, stripped of the Faires speculation and conclusory statements concerning Finegold’s purposes or motives, do not meet the test of being “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.” Kloerfel, 20 No. 79130-3-1121 149 Wn.2d at 196 (emphasis omitted) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) Norvell v. BNSF Railway Company
W.D. Wash. · 2019 · confidence medium
Outrage 11 “Outrage requires proof of three elements: (1) extreme and outrageous conduct, 12 (2) intentional or reckless infliction of emotional distress, and (3) actual result to plaintiff 13 of severe emotional distress.” Robinson v. Pierce Cty., 539 F. Supp. 2d 1316 , 1332 14 (citing Kloepfel v. Bokor, 149 Wn.2d 192, 195 (2003)).
discussed Cited as authority (rule) Quinn v. City of Vancouver
W.D. Wash. · 2019 · confidence medium
Outrage Claim 4 “Outrage requires proof of three elements: (1) extreme and outrageous conduct, 5 (2) intentional or reckless infliction of emotional distress, and (3) actual result to plaintiff 6 of severe emotional distress.” Robinson v. Pierce Cty., 539 F. Supp. 2d 1316 , 1332 7 (citing Kloepfel v. Bokor, 149 Wn.2d 192, 195 (2003)).
discussed Cited as authority (rule) Juan Vega, Jr. v. United States (2×) also: Cited "see"
9th Cir. · 2018 · confidence medium
Under Washington law, the tort of outrage “provides a cause of action for conduct ‘so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.’” Gravelet-Blondin v. Shelton, 728 F.3d 1086 , 1099–100 (9th Cir. 2013) (quoting Kloepfel v. Bokor, 149 Wash. 2d 192, 196 (2003)).
examined Cited as authority (rule) Robert Repin v. State of Washington and Washington State University (3×)
Wash. Ct. App. · 2017 · confidence medium
Kloepfel v. Bokor, 149 Wn.2d at 195 (2003); Grimsby v. Samson, 85 Wn.2d 52, 59 , 530 P.2d 291 (1975) (plurality opinion).
discussed Cited as authority (rule) Idalie Munoz Munoz v. Matthew J. Bean
Wash. Ct. App. · 2016 · confidence medium
Accordingly, "any claim for [IIED] must be predicated on behavior 'so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.'" Kloepfel, 149 Wn.2d at 196 (internal quotation marks omitted) (quoting Grimsbv v. Samson, 85 Wn.2d 52, 59-60 , 530 P.2d 291 (1975)).
discussed Cited as authority (rule) Diane Christian, et ux v. Antoine Tohmeh, MD, et ux (2×)
Wash. Ct. App. · 2015 · confidence medium
Kloepfel v. Bokor, 149 Wn.2d at 195 (2003); Grimsby v. Samson, 85 Wn.2d 52, 59 , 530 P.2d 291 (1975) (plurality opinion).
discussed Cited as authority (rule) Sutton v. Tacoma School District No. 10
Wash. Ct. App. · 2014 · confidence medium
Extreme and Outrageous Conduct ¶25 To sustain an outrage claim, the defendant’s conduct must be so offensive as to lead an average member of the community to exclaim, “ ‘Outrageous!’ ” Kloepfel, 149 Wn.2d at 196 (internal quotation marks omitted) (quoting Reid v. Pierce County, 136 Wn.2d 195, 201-02 , 961 P.2d 333 (1998)).
discussed Cited as authority (rule) Rose Sutton, V Tacoma School District No.10 (2×)
Wash. Ct. App. · 2014 · confidence medium
Emotional distress includes ` all highly unpleasant mental reactions, such as fright, horror, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, worry, and nausea.' " Kloepfel, 149 Wn.2d at 203 ( quoting RESTATEMENT ( SECOND) OF TORTS § 46, cmt. j).
discussed Cited as authority (rule) Strong v. Terrell (2×)
Wash. Ct. App. · 2008 · confidence medium
Robel v. Roundup Corp., 148 Wn.2d 35, 51 , 59 P.3d 611 (2002). ¶16 Any claim of outrage must be predicated on behavior “ ‘so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.’ ” Kloepfel, 149 Wn.2d at 196 (emphasis omitted) (internal quotation marks omitted) (quoting Grimsby, 85 Wn.2d at 59 ).
discussed Cited as authority (rule) Womack v. Von Rardon
Wash. Ct. App. · 2006 · confidence medium
Intentional infliction of emotional distress claims must be predicated on behavior “ ‘so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.’ ” Kloepfel, 149 Wn.2d at 196 (emphasis omitted) (quoting Grimsby v. Samson, 85 Wn.2d 52, 59 , 530 P.2d 291 (1975)). ¶16 The summary judgment required Ms. Womack to establish she suffered severe emotional distress and the defendants intended, rather than negligently brought about, that distress.
discussed Cited "see" Brooks Jr v. Ballard
E.D. Wash. · 2024 · signal: see · confidence high
See Kloepfel v. Bokor, 149 Wash.2d 192 , 1 193 n. 1 (2003). (“‘Outrage’ and ‘intentional infliction of emotional distress’ are 2 synonyms for the same tort.”); Cox v. Oasis Physical Therapy, PLLC, 153 Wash. 3 App. 176, 192, 222 P.3d 119, 127 (2009) (applying three-year statute of limitations 4 from RCW 4.16.080(2) to intentional infliction of emotional distress claim).
discussed Cited "see" Brooks Jr v. Ballard
E.D. Wash. · 2024 · signal: see · confidence high
See Kloepfel v. Bokor, 149 Wash.2d 192 , 193 n. 1 7 (2003). (“’Outrage’ and ‘intentional infliction of emotional distress’ are synonyms 8 for the same tort.”); Cox v. Oasis Physical Therapy, PLLC, 153 Wash. App. 176 , 9 192, 222 P.3d 119, 127 (2009) (applying three-year statute of limitations from 10 RCW 4.16.080(2) to intentional infliction of emotional distress claim).
discussed Cited "see" Roush v. Akal Security Inc (2×)
E.D. Wash. · 2020 · signal: see · confidence high
See Kloepfel, 149 Wn.2d at 195 . 11 With respect to the third element, that the conduct must have caused Plaintiffs 12 to suffer harm, there is no question of fact as to whether Plaintiff Hunter’s 13 difficulties with housing and both of Plaintiffs’ lack of income during the protest 14 period were the result of Defendant’s intentional or reckless actions.
discussed Cited "see" Schmidt v. Coogan
Wash. · 2014 · signal: see · confidence high
"From early in its history, this court has allowed recovery for damages for mental distress ... when the defendant's act was willful or intentional." Hunsley, 87 Wn.2d at 431 ; see Kloepfel v. Bokor, 149 Wn.2d 192, 201 , 66 P.3d 630 (2003) (intentional infliction of emotional distress); Birchler v. Castello Land Co., 133 Wn.2d 106, 116 , 942 P.2d 968 ( 1997) (violation of the timber trespass statute); Cagle v. Burns & Roe, Inc., 106 Wn.2d 911, 914-18 , 726 P.2d 434 (1986) (wrongful discharge in violation of public policy).
discussed Cited "see" Schmidt v. Coogan
Wash. · 2014 · signal: see · confidence high
"From early in its history, this court has allowed recovery for damages for mental distress ... when the defendant's act was willful or intentional." Hunsley, 87 Wn.2d at 431 ; see Kloepfel v. Bokor, 149 Wn.2d 192, 201 , 66 P.3d 630 (2003) (intentional infliction of emotional distress); Birchler v. Castello Land Co., 133 Wn.2d 106, 116 , 942 P.2d 968 ( 1997) (violation of the timber trespass statute); Cagle v. Burns & Roe, Inc., 106 Wn.2d 911, 914-18 , 726 P.2d 434 (1986) (wrongful discharge in violation of public policy).
discussed Cited "see" Schmidt v. Coogan
Wash. · 2014 · signal: see · confidence high
“From early in its history, this court has allowed recovery for damages for mental distress . . . when the defendant’s act was willful or intentional.” Hunsley, 87 Wn.2d at 431 ; see Kloepfel v. Bokor, 149 Wn.2d 192, 201 , 66 P.3d 630 (2003) (intentional infliction of emotional distress); Birchler v. Castello Land Co., 133 Wn.2d 106, 116 , 942 P.2d 968 (1997) (violation of the timber trespass statute); Cagle v. Burns & Roe, Inc., 106 Wn.2d 911, 914-18 , 726 P.2d 434 (1986) (wrongful discharge in violation of public policy).
cited Cited "see" Armijo v. Yakima HMA, LLC
E.D. Wash. · 2012 · signal: see · confidence high
See Kloepfel v. Bokor, 149 Wash.2d 192, 199 , 66 P.3d 630, 634 (2003).
cited Cited "see" Jared v. Keahey
9th Cir. · 2011 · signal: see · confidence high
See Kloepfel v. Bokor, 149 Wash.2d 192 , 66 P.3d 630, 632 (2003) (en banc).
cited Cited "see" Goldsmith v. Snohomish County
W.D. Wash. · 2008 · signal: see · confidence high
See Kloepfel v. Bokor, 149 Wash.2d 192, 196-97 , 66 P.3d 630 (2003) (medical evidence is required to prove emotional distress).
cited Cited "see" Musselman v. Nitchman
9th Cir. · 2007 · signal: see · confidence high
See Kloepfel v. Bokor, 149 Wash.2d 192 , 66 P.3d 630, 633 (2003).
Retrieving the full opinion text from the archive…
Judy Kloepfel
v.
Joseph Bokor
No. 72436-9.
Washington Supreme Court.
Apr 17, 2003.
66 P.3d 630
Stanley E. Perdue (of Perdue Law Firm), for petitioner., Charles T. Conrad, for respondent., Stewart A. Estes on behalf of Washington Defense Trial Lawyers, amicus curiae., Debra L. Stephens and Bryan P Harnetiaux on behalf of Washington State Trial Lawyers Association Foundation, amicus curiae.
Sanders.
Cited by 131 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 82%
Citer courts: W.D. Washington (1)
Sanders, J.

The Court of Appeals affirmed a $60,000 judgment in favor of Judy Kloepfel against Joseph Bokor for intentional infliction of emotional distress. The issue here is whether the tort of outrage[1] requires proof of severe emotional distress by objective symptomatology and a medical diagnosis. Division One has required proof of[*194] objective symptomatology while Division Three in the case before us did not. We hold that the objective symptomatology requirement, which properly applies to the tort of negligent infliction of emotional distress, is not a requirement for proof of intentional infliction of emotional distress or outrage.

Mr. Bokor and Ms. Kloepfel began a relationship in 1986, moved in together to share expenses in 1994, and separated in July 1997 when Kloepfel moved out. Bokor, a former police officer, claimed their relationship became romantic when Kloepfel and he lived together. But she claims it was merely platonic. In any case, Kloepfel sought a restraining order against Bokor in August 1997. The court ordered Bokor to stay away from Kloepfel, and to not call her, threaten her, or go to her home or place of business. Bokor ignored this and every subsequent court order to stay away from Kloepfel.

Bokor’s violations of no contact orders led to his conviction for several misdemeanors and a felony. He was convicted in January 1998 and again in March 1999 of “harassment, domestic violence.” In September 1999 he was found guilty of making harassing phone calls and felony stalking. Bokor admitted he had repeatedly violated these no-contact orders to stay away from Kloepfel. The violations continued until at least October 2000.

While under a no-contact order he threatened to kill Kloepfel. He threatened to kill the man she was dating if he kept seeing her. While watching her house, he saw the truck of another man in her driveway and called that man’s wife to inform her where her husband was, implying an affair. In all he called Kloepfel’s home 640 times, her work 100 times, and the homes of men she knew numerous times as well. Kloepfel began spending weekends away from home to avoid Bokor. Her employer made various arrangements to protect Kloepfel from Bokor at work.

The court found Bokor’s conduct severely disrupted Kloepfel’s life and made it impossible for her to carry on a normal dating relationship with anyone else. His repeated[*195] phone calls and his driving by her house at all hours disturbed her privacy. Although she did not seek professional care of a doctor or counselor, her physical symptoms of emotional distress included nervousness, sleeplessness, hyper-vigilance, and stomach upset.

In December 1999 Kloepfel sued Bokor for invasion of privacy, malicious harassment, and intentional and negligent infliction of emotional distress.[2] A bench trial was held on the claim for intentional infliction of emotional distress only. Kloepfel prevailed on her claim of intentional infliction of emotional distress. The court awarded Kloepfel $60,265, including a judgment for $60,000, costs, interest, and statutory attorney fees.

Bokor appealed to Division Three of the Court of Appeals on several grounds, among them that his conduct was insufficiently severe to justify relief and that Kloepfel had failed to prove objective medical evidence of her distress. Kloepfel v. Bokor, noted at 110 Wn. App. 1059, slip op. at 1 (2002). The Court of Appeals panel unanimously affirmed the lower court on all counts in favor of Kloepfel. Id.

This issue requiring us to interpret the meaning of “severe emotional distress” for purposes of the third element of outrage is a question of law, and our review is de novo. State v. Johnson, 128 Wn.2d 431, 443, 909 P.2d 293 (1996).

I

The tort of outrage requires the proof of three elements: (1) extreme and outrageous conduct, (2) intentional or reckless infliction of emotional distress, and (3) actual result to plaintiff of severe emotional distress. Reid v. Pierce County, 136 Wn.2d 195, 202, 961 P.2d 333 (1998) (citing Dicomes v. State, 113 Wn.2d 612, 630, 782 P.2d 1002 (1989)[*196] (quoting Rice v. Janovich, 109 Wn.2d 48, 61, 742 P.2d 1230 (1987))). These elements were adopted from the Restatement (Second) of Torts § 46 (1965) by this court in Grimsby v. Samson, 85 Wn.2d 52, 59-60, 530 P.2d 291 (1975).[3]

Grimsby held any claim for intentional infliction of emotional distress must be predicated on behavior “ ‘so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.’ ” Id. at 59 (quoting Restatement (Second) of Torts § 46 cmt. d). That must be conduct “ ‘which the recitation of the facts to an average member of the community would arouse his resentment against the actor and lead him to exclaim “Outrageous!” ’ ” Reid, 136 Wn.2d at 201-02 (quoting Browning v. Slenderella Sys., 54 Wn.2d 440, 448, 341 P.2d 859 (1959) (quoting Restatement of Torts § 46(g) (Supp. 1948))). Consequently, the tort of outrage “ ‘does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.’ In this area plaintiffs must necessarily be hardened to a certain degree of rough language, unkindness and lack of consideration.” Grimsby, 85 Wn.2d at 59 (quoting Restatement (Second) of Torts § 46 cmt. d). Bokor does not here challenge the court’s finding on the first two elements of intentional infliction of emotional distress.

Bokor argues, however, that the court should have required evidence of “objective symptomatology” and a medical diagnosis to establish severe emotional distress. Pet. for Review at 2. The term “objective symptomatology” emerged as a requirement for proof of negligent infliction of emotional distress in Hunsley v. Giard, 87 Wn.2d 424, 553 P.2d 1096 (1976), just one year after the adoption of the tort of outrage in Grimsby. For negligent infliction of emotional distress, a plaintiff must prove he has suffered emotional[*197] distress by “objective symptomatology,” and the “emotional distress must be susceptible to medical diagnosis and proved through medical evidence.” Hegel v. McMahon, 136 Wn.2d 122, 135, 960 P.2d 424 (1998). The symptoms of emotional distress must also “constitute a diagnosable emotional disorder.” Id.

Bokor argues the same requirement applies to claims for outrage, relying on Haubry v. Snow, 106 Wn. App. 666, 31 P.3d 1186 (2001). Haubry held, with respect to an outrage claim, “[t]here is no doubt that [the defendant’s] actions were outrageous and inappropriate. However, as with the claim of negligent infliction of emotional distress, to survive summary judgment [the plaintiff] necessarily had to establish that the emotional distress is manifested by objective symptoms.” Haubry, 106 Wn. App. at 680-81.

Haubry relied for support on Hunsley and Hegel. Haubry, 106 Wn. App. at 681. But neither case suggested objective symptomatology is required to prove outrage. Hunsley and Hegel applied the objective symptomatology requirement to negligent infliction of emotional distress. See Hunsley, 87 Wn.2d at 425 (“This case concerns the right to recover for injuries, physical and mental, resulting from the negligent infliction of mental distress.”); Hegel, 136 Wn.2d at 132 (“In order to recover for negligent infliction of emotional distress, a plaintiff’s emotional response must be reasonable under the circumstances, and be corroborated by objective symptomatology” (citing Hunsley, 87 Wn.2d at 436)).

Bokor also argued in the Court of Appeals that Benoy v. Simons, 66 Wn. App. 56, 831 P.2d 167 (1992) supported an objective symptomatology requirement for intentional infliction of emotional distress. Kloepfel v. Bokor, noted at 110 Wn. App. 1059, slip op. at 7. Benoy does suggest severe emotional distress should be proved by objective physical symptoms, 66 Wn. App. at 63, but the cases cited in Benoy provide no more support than those cited in Haubry. Benoy cites Lawson v. Boeing Co., 58 Wn. App. 261, 792 P.2d 545 (1990), and Spurrell v. Block, 40 Wn. App. 854, 701 P.2d 529 (1985), but Lawson and Spurrell did not require proof by[*198] objective symptomatology; rather they held plaintiffs had not shown severe emotional distress on the facts. Lawson, 58 Wn. App. at 270; Spurrell, 40 Wn. App. at 862-63. These cases appear to have followed the Restatement's requirement that to be severe emotional distress must be more than “transient and trivial emotional distress” which is “a part of the price of living among people.” Restatement (Second) of Torts § 46 cmt. j.

We have never applied the objective symptomatology requirement to intentional infliction of emotional distress. Berger v. Sonneland, 144 Wn.2d 91, 113, 26 P.3d 257 (2001) (“Washington cases have limited the objective symptom requirement to negligent infliction of emotional distress claims.”); see also Brower v. Ackerley, 88 Wn. App. 87, 99-100, 943 P.2d 1141 (1997) (“No Washington case has incorporated [the objective symptomatology requirement] into the tort of outrage.”). The basic elements remain unchanged since their adoption from the Restatement in Grimsby, and we have not grafted an objective symptomatology requirement to them. See Robel v. Roundup Corp., 148 Wn.2d 35, 51, 59 P.3d 611 (2002).

Quite simply, objective symptomatology is not required to establish intentional infliction of emotional distress. “The general rule is firmly established that physical injury or bodily harm—‘objective symptomology’—is not a prerequisite to recovery of damages where intentional (and, in most states, reckless) emotional harm has been inflicted.” 4 Stuart M. Speiser, Charles F. Krause & Alfred W. Gans, The American Law of Torts § 16:17, at 1076 (1987). Many states, including this one, have distinguished negligent infliction of emotional distress from intentional infliction of emotional distress by making bodily harm or objective symptomatology a requirement of negligent but not intentional infliction of emotional distress. See id.

II

The intentional tort of outrage was recognized by this court in 1975 in Grimsby while the objective symptomatology[*199] requirement was first applied to negligent infliction of emotional distress a year later in Hunsley. Notably, there was no mention of objective symptomatology in Grimsby. The question posed in Hunsley was whether a plaintiff who suffered emotional distress when a negligently driven car crashed into her house could collect for negligent infliction of emotional distress when she suffered no physical impact and stood outside the zone of immediate danger. See Hunsley, 87 Wn.2d at 425. Hunsley held that the plaintiff could recover if she proved negligence, i.e., duty, breach, proximate cause, and damage, and proved the additional requirement of objective symptomatology. Id. at 435-36.

The court carefully placed this requirement within the framework of negligence law. The court was mindful of the “view that a negligent act should have some end to its legal consequences.” Hunsley, 87 Wn.2d at 435. Though it recognized defendants have a duty to avoid negligent infliction of emotional distress and plaintiffs are to be compensated for damages following a breach of that duty, the court balanced the plaintiff’s right of recovery against the policy in negligence cases that liability should be limited where a defendant’s act was merely negligent and not reckless or intentional. See id. The courts’ interest in limiting liability for negligence has a long history. See, e.g., Palsgraf v. Long Island R.R., 248 N.Y. 339, 162 N.E. 99 (1928).

In Palsgraf Judge Cardozo clearly indicated, however, that the courts’ interest to limit liability for negligent acts does not apply to willful, i.e., intentional, acts: “If the harm was not willful, [a plaintiff] must show that the act as to him had possibilities of danger so many and apparent as to entitle him to be protected against the doing of it though the harm was unintended. Affront to personality is still the keynote of the wrong.” 162 N.E. at 101.

Hunsley similarly limited its holding to cases of negligence, recognizing that “[ijntentional or willful acts, even those involving no physical impact and leading only to mental stress, usually resulted in a cause of action.”[*200] Hunsley, 87 Wn.2d at 427-28 (citing Gadbury v. Bleitz, 133 Wash. 134, 233 P. 299 (1925)). This court in Bleitz said, “we have adopted the rule that if such [mental] suffering is the direct result of a wilful wrong as distinguished from one that is merely negligent, then there may be a recovery.” Bleitz, 133 Wash. at 136. Hunsley added, “[flrom early in its history, this court has allowed recovery of damages for mental distress, even without physical impact or injury, when the defendant’s act was willful or intentional.” Hunsley, 87 Wn.2d at 431-32 (citing Willson v. N. Pac. R.R., 5 Wash. 621, 32 P. 468, 34 P. 146 (1893); Davis v. Tacoma Ry. & Power, 35 Wash. 203, 77 P. 209 (1904); McClure v. Campbell, 42 Wash. 252, 84 P. 825 (1906); Wright v. Beardsley, 46 Wash. 16, 89 P. 172 (1907); Nordgren v. Lawrence, 74 Wash. 305, 133 P. 436 (1913)).

The distinction in treatment between negligence and intentional torts is related to the difference in fault. Society through its courts has a “definite tendency to impose greater responsibility upon a defendant whose conduct was intended to do harm, or was morally wrong.” Prosser and Keeton on The Law of Torts § 8, at 37 (W. Page Keeton et al. eds., 5th ed. 1984). Courts generally establish rules which make liability more likely to attach to intentional wrongdoers than to those who are merely negligent. Id. Washington is no exception to this rule. In Smith v. Rodene, 69 Wn.2d 482, 418 P.2d 741, 423 P.2d 934 (1966), this court stated:

“We think that a fair summary of the holdings in such cases is as follows: (1) Where plaintiff suffers mental or emotional distress which is caused by some negligent act of the defendant, there is no right of action, even although the mental condition in turn causes some physical injury, unless the act causing the mental fright or emotional distress also threatens an immediate physical invasion of plaintiff’s personal security, that is, threatens immediate bodily harm. (2) But where mental suffering or emotional distress is caused by a wilful act, recovery is permitted.”

Id. at 488-89 (citations omitted) (quoting United States v. Hambleton, 185 F.2d 564, 565-66 (9th Cir. 1950)). Again in[*201] Schurk v. Christensen, 80 Wn.2d 652, 497 P.2d 937 (1972), the rule was stated: “By a long line of decisions in this state, we have, as a general rule, denied recovery for mental anguish and distress in cases not involving malice or wrongful intent, unless there has been an actual invasion of a plaintiff’s person or security, or a direct possibility thereof.” Schurk, 80 Wn.2d at 655.

We continue to be more likely to allow recovery of emotional distress damages for intentional acts than for negligent ones. See, e.g., White River Estates v. Hiltbruner, 134 Wn.2d 761, 766, 953 P.2d 796 (1998) (holding that emotional distress damages may be a remedy for a statutory violation only if that violation sounds in intentional tort); Birchler v. Castello Land Co., 133 Wn.2d 106, 942 P.2d 968 (1997) (allowing recovery of emotional distress damages where there was an intentional interference with property interests); Nord v. Shoreline Sav. Ass’n, 116 Wn.2d 477, 483, 805 P.2d 800 (1991) (emotional distress damages have been allowed as part of the recovery for intentional wrongdoing without reference to whether the emotional distress claimed was severe); Cagle v. Burns & Roe, Inc., 106 Wn.2d 911, 916, 726 P.2d 434 (1986) (damages for emotional distress available upon proof of an intentional tort).

Bokor has not suggested any reason to abandon the long-standing distinction between torts of intention and torts of negligence. In fact, if we were to apply objective symptomatology to outrage claims, we would make it more difficult to recover for an intentional act than for a negligent one. This is contrary to common sense as well as established law.

Ill

The elements of outrage sufficiently limit recovery of emotional distress damages without necessity to prove severe emotional distress by objective symptomatology. Unlike causes of action based on negligence, a plaintiff[*202] claiming intentional or reckless infliction of emotional distress must show extreme and outrageous conduct intended to cause emotional distress to the plaintiff. Once these have been shown, it can be fairly presumed that severe emotional distress was suffered. An analogous example can be found in this court’s decision in Carmody v. Trianon Co., 7 Wn.2d 226, 109 P.2d 560 (1941). Carmody upheld an award of damages for mental anguish without requiring direct proof of the mental anguish because “ ‘[n]o one could receive a beating, such as was rendered the plaintiff in this case, without suffering insult and humiliation therefrom.’ ” Carmody, 7 Wn.2d at 235 (quoting Stewart v. Watson, 133 Mo. App. 44, 112 S.W. 762, 764 (1908)). No rational person could endure the constant harassment suffered by Kloepfel without suffering severe emotional distress.

This court stated in Grimsby, “[t]he . . . argument!] that a defendant will have potentially unlimited liability for every type of mental disturbance, is, we feel, adequately met by the standards set forth in the comments to Restatement (Second) of Torts § 46.” Grimsby, 85 Wn.2d at 59. The Restatement comments leave no doubt it is the conduct rather than the degree of distress which primarily limits claims for intentional infliction of emotional distress. Comment j to section 46 states:

Severe distress must be proved; but in many cases the extreme and outrageous character of the defendant’s conduct is in itself important evidence that the distress has existed ....
It is for the court to determine whether on the evidence severe emotional distress can be found; it is for the jury to determine whether, on the evidence, it has in fact existed.

Restatement (Second) of Torts, supra, at 78. Comment k of section 46 adds:

Normally, severe emotional distress is accompanied or followed by shock, illness, or other bodily harm, which in itself affords evidence that the distress is genuine and severe. The rule[*203] stated is not, however, limited to cases where there has been bodily harm; and if the conduct is sufficiently extreme and outrageous there may be liability for the emotional distress alone, without such harm. In such cases the courts may perhaps tend to look for more in the way of outrage as a guarantee that the claim is genuine; but if the enormity of the outrage carries conviction that there has in fact been severe emotional distress, bodily harm is not required.

Id. (emphasis added). Grimsby explicitly stated a “showing of bodily harm is not necessary” to prove outrage. 85 Wn.2d at 59.

Even without the objective symptomatology requirement, outrage’s third element requires evidence of severe emotional distress. “Emotional distress” includes “all highly unpleasant mental reactions, such as fright, horror, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, worry, and nausea.” Restatement (Second) of Torts, supra, cmt. j at 77. Severe emotional distress is, however, not “transient and trivial” but distress such “that no reasonable man could be expected to endure it.” Id.-, Grimsby, 85 Wn.2d at 59. The elements of outrage provide sufficient limitation on claims, and there is no need to graft the objective symptomatology requirement to intentional infliction of emotional distress.

The Court of Appeals is affirmed.

Alexander, C.J., and Johnson, Madsen, Ireland, Bridge, Chambers, Owens, and Fairhurst, JJ., concur.

1

“Outrage” and “intentional infliction of emotional distress” are synonyms for the same tort. See Snyder v. Med. Serv. Corp., 145 Wn.2d 233, 250, 35 P.3d 1158 (2001) (applying elements of outrage to claim for intentional infliction of emotional distress).

2

KLoepfel’s original complaint claimed damages for both outrage and intentional infliction of emotional distress, but the court found the claims redundant and required her to choose one or the other and the court subsequently dismissed the claim for outrage.

3

Although the lead opinion in Grimsby garnered only a plurality of four, Justice Utter concurred in the result and in the reasoning regarding adoption of outrage as a cause of action in Washington. See Grimsby, 85 Wn.2d at 60 (Utter, J., concurring) (“Since we hold that appellant is able to recover on a theory of the tort of outrage, and thus ....”).