Wyoming
How Ferri v. Ackerman applies in Wyoming: state-specific rules, key cases, and bar exam notes for Torts.
In Wyoming, the principles from Ferri v. Ackerman, which discuss the tort of intentional infliction of emotional distress (IIED), align with the state’s recognition of the need for an objective standard when assessing claims. Wyoming courts require plaintiffs to demonstrate that the defendant’s conduct was extreme and outrageous to meet the threshold for IIED claims.
In Wyoming, for an IIED claim, a plaintiff must establish four elements: (1) the defendant's conduct was intentional or reckless; (2) the conduct was extreme and outrageous; (3) it caused emotional distress; and (4) the emotional distress was severe.
The Wyoming Supreme Court upheld an IIED claim, emphasizing that the emotional distress must be severe and that the defendant’s conduct must be considered extreme and outrageous in the context of the situation.
In Sparks, the court ruled that mere insults or indignities do not meet the standard for IIED; rather, conduct must be sufficiently outrageous.
This case reiterated that IIED claims require conduct that goes beyond mere negligence and underscores the necessity of an objective standard of outrage for liability.
Wyoming's approach to IIED closely mirrors the federal standard, which also requires conduct to be extreme and outrageous. However, Wyoming may place a slightly greater emphasis on the need for demonstrable severe emotional distress compared to some federal jurisdictions that might allow more leeway in proving emotional impact.
Candidates should be prepared to discuss the elements of IIED as outlined in Wyoming law, as well as apply these principles to hypothetical scenarios presented on the bar exam.