Pleading Practices
In civil procedure systems (such as in the United States) that allow plaintiffs to plead multiple alternative theories that may overlap or even contradict each other, a plaintiff will usually bring an action for both intentional infliction of emotional distress and negligent infliction of emotional distress (NIED). This is just in case the plaintiff later discovers that it is impossible to prove at trial the necessary mens rea of intent; even then, the jury may still be able to rule for them on the NIED claim.
There are some reported cases in which a plaintiff will bring only a NIED claim even though a reasonable neutral observer could conclude that the defendant's behavior was probably intentional. This is usually because the defendant may have some kind of insurance coverage (like homeowners' insurance or automobile liability insurance). As a matter of public policy, insurers are barred from covering intentional torts like IIED, but may be liable for NIED committed by their policyholders, and therefore are targeted indirectly in this fashion as deep pockets.
Read more about this topic: Intentional Infliction Of Emotional Distress
Famous quotes containing the words pleading and/or practices:
“Sweet, let me go! Sweet, let me go!
What do you mean to vex me so?
Cease, cease, cease your pleading force!”
—Unknown. Sweet, Let Me Go! (L. 1–3)
“They that have grown old in a single state are generally found to be morose, fretful and captious; tenacious of their own practices and maxims; soon offended by contradiction or negligence; and impatient of any association but with those that will watch their nod, and submit themselves to unlimited authority.”
—Samuel Johnson (1709–1784)