A mother's claim for intentional infliction of emotional distress is separate from her wrongful death claim on behalf of the child she saw die as the result of a minivan manufacturer's reckless conduct, the Tennessee Supreme Court has ruled. The case resulted from a rear-end auto accident in which the collision caused the seatback in the plaintiffs' Chrysler Caravan minivan to collapse. The front passenger's head collided with the head of her small child in the rear seat.
A state statute limiting emotional distress claims against negligent drivers does not bar a claim by a daughter who saw her mother die in a motor vehicle accident, the New Jersey Supreme Court has ruled. The daughter was diagnosed with post-traumatic stress disorder and depression after the car she and her mother were in was rear-ended and she saw her mother's pain, suffering and death at the scene. The daughter obtained a $500,000 judgment for her wrongful death and survivorship claims. However, her common-law claim for negligent infliction of emotional distress was dismissed based on a state statute prohibiting claims for non-economic loss due to motor vehicle accidents unless a physician certifies the plaintiff suffered a permanent bodily injury.
Where a car dealership sent an unflattering picture of the plaintiff, a former employee, to The Tonight Show, which in turn used the picture as part of its humorous routine, the dealership's motion to dismiss the plaintiff's claims of emotional distress and civil rights violations was denied. In Claire Walter v. NBC Television, Network, The Tonight Show, Jay Leno, Dorschel Automotive Group, Inc., the defendants moved to dismiss the plaintiff's causes of action for a violation of Civil Rights Law Section 50 and 51, intentional infliction of emotional distress and emotional distress. The lawsuit was commenced in connection with Jay Leno's headlines portion of The Tonight Show program.
Damages for emotional distress stemming directly from a physical injury are to be considered in a traditional medical-malpractice claim Emotional distress stemming directly from a physical injury is not a basis for an independent cause of action for the negligent infliction of emotional distress.
ELIZABETH Former Gov. James McGreevey was not out to hurt his wife emotionally while they were married, a judge in the former first couple's divorce case ruled Thursday. The judge dismissed Dina Matos McGreevey's claim of emotional distress, but did allow her to continue with her marriage fraud claim against her estranged gay husband.
NEW YORK - Roger Clemens added a new claim of "intentional infliction of emotional distress" on Tuesday to his defamation suit against Brian McNamee. The seven-time Cy Young Award winner said McNamee, his former personal trainer, was "malicious and grossly negligent" when McNamee told baseball investigator George Mitchell last year that Clemens had used steroids and human growth hormone. Clemens also said McNamee defamed him when he repeated his accusations to SI.com.
Maryland's top court Monday will hear Exxon Mobil Corp.'s appeals of awards totaling more than $1.5 billion to two sets of Jacksonville residents who sued the oil giant over a massive 2006 gasoline leak, saying it poisoned their water, instilled in them a fear of contracting cancer and reduced the value of their homes to nothing. During two hours of argument, the Court of Appeals will consider the company's argument that fear of developing cancer cannot give rise to a claim of negligent infliction of emotional distress under Maryland law.
CIVIL MISCELLANEOUS DEFAMATION TORT MISCELLANEOUS: The trial court properly entered summary judgment in favor of an employer on a former employees constructive-discharge claim where the employers actions did not make working conditions so intolerable that a reasonable person under the circumstances would have felt compelled to resign: the evidence demonstrated that the employee had remained on the job for nearly two years after an incident in which her supervisor had yelled and pointed his finger at her, the employer had conducted an investigation of the incident and had taken steps to address the employees concerns, and a later disciplinary action against the employee had been warranted. The trial court properly entered summary judgment in favor of an employer on an employee...
..., alleging intentional infliction of emotional distress, negligent supervision, wrongful discharg...
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