P's father was beat up by D in presence of P. However, D was unaware that P was there.
P sues D for IIED as a result of watching the beating. P suffered no actual injury.
Procedural History:
Trial court dismissed P's claim.
CA District COA affirmed, dismissed P's claim.
Issues:
Is a third party able to recover damages for IIED if the D is not aware that the third party is present and the third party suffers no physical harm?
Holding/Rule:
A third party is not able to recover damages for IIED if the D is not aware that the third party is present and the third party suffers no physical harm.
Reasoning:
IIED requires a showing of intent to cause severe emotional distress.
D must have acted with the purpose of causing severe emotional distress of with knowledge that his conduct is substantially certain to produce such a result.
D did not know P was present; D did not beat up the father to cause P severe emotional distress.
Dissent:
None.
Notes:
There is an exception for mishandling of corpses.
Courts reject the notion of transferred intent for these types of IIED cases.
Third person must be present, tortfeasor must know that the third person was there.
Restatement says that conduct must be aimed at a family member third party or there must be bodily harm to that third party.
