SEPTEMBER 2025 | 25 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. conduct by the defendant (the conduct must be so egregious that it is considered atrocious and utterly intolerable in a civilized society); 2) intent or recklessness on the part of the tortfeasor (the defendant must have acted intentionally or recklessly); and 3) the suffering of severe emotional distress (the plaintiff must demonstrate severe mental distress that no reasonable person could be expected to endure).5 These criteria are outlined in the Oklahoma Uniform Jury Instructions, which define emotional distress as encompassing “mental distress, mental pain and suffering, or mental anguish,” including reactions such as “fright, horror, grief, humiliation, embarrassment, anger, chagrin, disappointment, and worry.”6 Early Oklahoma jurisprudence on emotional distress focused intently on whether the alleged mental injury was accompanied by physical injury to the plaintiff. The question, therefore, became whether bodily injury was necessary to establish an emotional distress claim, whether negligent or intentional. Notably, Oklahoma
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