410.6 Legal Cause | Pdf Doc Docx | Florida_JI

 Florida Jury Instructions   Civil   410 Substantive Instructions - Outrageous Conduct - Severe Emotional Distress 
410.6 Legal Cause | Pdf Doc Docx | Florida_JI

Last updated: 4/10/2013

410.6 Legal Cause

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Description

410.6 Legal Cause a. Legal cause generally: Extreme and outrageous conduct is a legal cause of severe emotional distress if it directly and in natural and continuous sequence produces or contributes substantially to producing such severe emotional distress, so that it can reasonably be said that, but for the extreme and outrageous conduct, the severe emotional distress would not have occurred. b. Concurring cause: In order to be regarded as a legal cause of severe emotional distress extreme and outrageous conduct need not be the only cause. Extreme and outrageous conduct may be a legal cause of severe emotional distress even though it operates in combination with [the act of another] [some natural cause] [or] [some other cause] if the extreme and outrageous conduct contributes substantially to producing such severe emotional distress. c. Intervening cause: [*In order to be regarded as a legal cause of severe emotional distress, extreme and outrageous conduct need not be its only cause.] Extreme and outrageous conduct may also be a legal cause of severe emotional distress even though it operates in combination with [the act of another] [some natural cause] [or] [some other cause] occurring after the extreme and outrageous conduct occurs if [such other cause was itself reasonably foreseeable and the extreme and outrageous conduct contributes substantially to producing such severe emotional distress] [or] [the resulting severe emotional distress was a reasonably foreseeable consequence of the extreme and outrageous conduct and the extreme and outrageous conduct contributes substantially to producing it]. *Do not use the bracketed first sentence if this instruction is preceded by the instruction on concurring cause.

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