Negligent Infliction of Emotional Distress

Question 1

What must plaintiff satisfy in Near Miss Cases?

Answer 1

Zone of danger
Physical symptoms

Question 2

What is within Zone of Danger?

Answer 2

Plaintiff is sufficiently close to Defendant such that they are subject to high risk of physical impact.

Question 3

What do most courts require P’s suffer in Near Miss?

Answer 3

Emotional distress as expressed in physical symptoms.

Question 4

Will a severe shock to nervous system satisfy suffering?

Answer 4

Yes.

Question 5

Bystander Negligent Infliction of Emotional Distress– where does bystander stand? what do they need to see? BOLD

Answer 5

1) Outside zone of danger.
2) They see the defendant injure person closely related to P
3) Plaintiff was present at scene
4) Plaintiff personally observed/perceived scene

Question 6

How do most states treat the requirement of physical symptoms in BINIED?

Answer 6

They drop it if other elements are satisfied.

Question 7

What is the difference between conduct required in Intentional infliction of ED and negligent Infliction of ED?

Answer 7

Intentional ED– Extreme and outrageous conduct

Negligent – Subjecting plaintiff to threat of physical impact or severe emotional distress likely to cause physical symptoms

Question 8

What is the difference between fault required in Intentional infliction of ED and negligent Infliction of ED?

Answer 8

Intentional – intent to cause severe ED or reckless as to effect of conduct

Negligent – negligence in creating risk of Physical injury to P

Question 9

What is the difference between Causation and damages required in Intentional infliction of ED and negligent Infliction of ED?

Answer 9

Intentional – D conduct must cause severe emotional distress

Negligent – Defendant’s conduct generally must cause physical symptoms from the distress (growing minority dropping this).

Question 10

What is the difference between bystander recovery in Intentional infliction of ED and negligent Infliction of ED?

Answer 10

Intentional
1) P must be present when conduct occurs
2.a) Distress must result in bodily harm to bystander,
OR
2.b)plaintiff-bystander must be a close relative to Victim
AND
3) defendant must know these facts or have intent to cause plaintiff distress.

Negligent –

Plaintiff Bystander must be
1) closely related to injured person
2) Be present at scene
AND
3) observe or perceive injury