Negligent Infliction of Emotional Distress

Question 1

Torts and emotional damages

Answer 1

In physical injury cases, P can also recover emotioanl damages. Pain and suffering.

But there are some cases where there are PURE emotional damage cases.

Question 2

Near Miss cases

Answer 2

In addition to negligence:

1) P is within zone of danger
2) P suffers PHYSICAL SYMPTOMS from the distress

Relevant emotion: fear

Question 3

Bystander Cases

Answer 3

D negligently injures 3rd party, causing P emotional distress.

In addition to negligence must show:
1) P and T party close family members
2) P present at the scene and observed/percieved event
–note: doesn’t need to ACTUALLY see. can see the immediate aftermath/be present of the event.

Relevant emotion: grief

Question 4

Business Relationship cases

Answer 4

P can recover if HIGHLY FORSEEABLE that careless performance by D will produce emotional distress

Examples:
1) Patient and medical lab. False serious cancer diagnosis.

2) Customer and funeral parlor. Lost the body.