NEID/ Nuisance

Question 1

Zone of Danger NEID

Answer 1

1) P was in zone of danger of the threatened physical impact

2) The treat of physical impact caused emotional distress

Majority rule that that emotional distress must be manifested by physical symptoms (nightmares, shock etc)
Virginia follows majority rule

Question 2

Bystander NEID

Answer 2

Allows a bystander P outside the zone of danger to recovery if

1) P is closely related to the person injured by the D; and
2) was present at the scene of the injury
3) personally observed the injury

Question 3

NIED Corpse

Answer 3

Negligent handling of a corpse is NIED

Question 4

Private nuisance

Answer 4

Must be offensive to a normal reasonable person in the community
Obstruction to light is not a nuisance

Question 5

Public nuisance

Answer 5

A private citizen has a claim for public nuisance only if she suffers harm that is different in kind from that suffered by members of the general public