emotional distress claim

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More than 10.000 documents for emotional distress claim
  • 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.

  • 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.

  • Inmate's lawsuit did not state a claim for emotional distress based on presence of asbestos particles at the prison.

  • 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.

  • CASE FACTS: Sharon Toliver was eight months pregnant when she awoke in the middle of the night with heavy vaginal bleeding. She was taken by ambulance...

  • 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.

  • Inmate's lawsuit did not state a claim for infliction of emotional distress based on presence of asbestos particles at the prison.

  • Most business owners, managers and human resources professionals know that it stinks to get sued by an employee. But in some cases, it's the actual "stink" itself that leads to a discrimination lawsuit. Portland city officials learned this lesson recently when they were served with a lawsuit by an employee claiming that odors in her workplace were causing her physical problems and emotional distress. Whether they can rid themselves of the stench of a discrimination claim will now be decided in court and maybe by a jury.

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