1. “Pain and suffering” and “mental suffering” are elements of damage in personal injury and malicious prosecution cases, they should be in emotional distress cases, as well. 2. The bodily effect of emotions and sentiments produced by stronger emotions are now visible to the professional. 3. Frivolous claims will be distinguished from legitimate ones by triers of fact. 4. Objective standard: “severe emotional distress to a person of ordinary sensibilities, in the absence of special knowledge or notice” would be a sufficient limit for excluding “mere vulgarities as meaningless for the use of expressions.”
