Florida Law Weekly – July 6, 2018

Kim v. Chang, (2nd DCA)

In this case, the Kim Court held that the Trial Court erred in denying a counterclaim defendant’s motion for directed verdict on the counter claim for intentional infliction of emotional distress where the evidence was legally insufficient to establish that the conduct caused severe emotional distress. The Kim Court goes into an extensive analysis of what is required under this cause of action and specifically the elements of outrageous conduct that is beyond all bounds of decency and utterly intolerable in a civilized community. As the Kim Court noted, the definition of severe emotional distress is the equivalent of severe emotional distress that involves the stress that is so severe that no reasonable man could be expected to endure it and that the intensity and duration of the distress are factors to be considered in determining severity. With respect to causation, the Kim Court notes that the distress must be so long-lasting that no reasonable person could expect to endure it the court found that there was no evidence establishing either of these elements and therefore directed verdict should have been entered.