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INTEROFFICE MEMORANDUM OF LAW TO: Robert C. Moore, Esq. RE: Whether Ms. Kelly From: Robert C Brown Jr. Can counterclaim for Date: November 29, 2006 Negligent Infliction Case: Smith v. Kelly of Emotional Office File Number 11-292006 Distress Docket Number: ATL-L-1945-06 STATEMENT OF ASSIGNMENT You asked me to research New Jersey Tort laws concerning Negligent Infliction of Emotional Distress, to assess whether our client Ms. Jane Kelly can file a counterclaim for Negligent Infliction of Emotional Distress. LEGAL ISSUE When Plaintiff causes auto accident due to speeding can the Defendant sue the Plaintiff for negligent conduct that is the proximate cause of emotional distress in a person to whom the actor owes a legal duty to exercise reasonable care? FACTS I received a call from Ms. Jane Kelly seeking advice as to whether to amend her counterclaim. Ms. Kelly stated that Robert C Brown Jr MEMORANDUM OF LAW ASSIGNMENT
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beginning shortly after her accident with the Plaintiff Mr. John Smith and continuing to date she has been experiencing sleeplessness, nightmares, fatigue, depression, loss of weight and appetite, nervous tremors, inability to mentally focus, and anxiety. Ms. Kelly stated that she did not experience any of these symptoms or conditions prior to her car accident. Ms. Kelly blames these symptoms and conditions
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This note was uploaded on 04/17/2008 for the course LAW 101 taught by Professor Martin during the Summer '08 term at Atlantic Cape Community College.

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