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12. If the plaintiff sues the mausoleum for the damages arising from her emotional distress, will she prevail?
As a result of this experience, the plaintiff suffered great emotional distress.
A plaintiff's three-year-old daughter was killed in an automobile accident. At the plaintiff's direction, the child's body was taken to a mausoleum for interment. Normally, the mausoleum's vaults are permanently sealed with marble plates secured by «tamper-proof» screws. After the child's body was placed in a mausoleum, however, only a fiberglass panel secured by caulking compound covered her vault. About a month later, the child's body was discovered in a cemetery located near the mausoleum. It had apparently been left there by vandals who had taken it from the mausoleum.
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A is incorrect. The mausoleum directly created a foreseeable risk of harm by directly causing severe emotional distress through its failure to properly secure the vault.
B is incorrect. Extreme and outrageous behavior is an element of an intentional infliction of emotional distress claim, and the mausoleum did not intentionally act in an extreme and outrageous manner.
D is incorrect. No physical harm is required when the negligent infliction of emotional distress action arises from the mishandling of a relative's corpse.