31.23 [2000 New] Verdict Directing-Negligent Infliction of Emotional Distress

Instruction No 1 31.23 [2000 New] Verdict Directing--Negligent Infliction of Emotional Distress In a verdict directing instruction submitting negligent infliction of emotional distress, the essential elements are: , such [negligence] [failure] involved an unreasonable risk of causing emotional distress, and , defendant knew or by using ordinary care could have known of such risk, and , as a direct result of such [negligence] [failure], plaintiff sustained medically diagnosable and significant emotional distress. The above paragraphs would be substituted for the "damage" paragraph of an applicable verdict directing instruction. Thus, if verdict directing instruction 31.02(3) (res ipsa loquitur) were to be modified for a negligent infliction of emotional distress case to submit the case against the owner of the elevator in Bass v. Nooney Co., 646 S.W.2d 765 (Mo. banc 1983), it would read as follows: Your verdict must be for plaintiff if you believe: First, defendant owned the elevator, and Second, the elevator stalled between floors, and Third, from the fact of such occurrence and the reasonable inferences therefrom, such occurrence was directly caused by defendant's negligence, Fourth, such negligence involved an unreasonable risk of causing emotional distress, and Fifth, defendant knew or by using ordinary care could have known of this risk, and Sixth, as a direct result of such negligence, plaintiff sustained medically diagnosable and significant emotional distress. * [unless you believe that plaintiff is not entitled to recover by reason of Instruction Number (here insert number of affirmative defense instruction)].