Negligent Infliction of Emotional Distress

Negligent Infliction of Emotional Distress - Negligent...

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Negligent Infliction of Emotional Distress 1. Impact 2. Zone of danger 3. Bystander – see (ex) child struck by a car – if you suffer emotional distress because of seeing a shocking thing, we’ll talk about who gets to recover – how far does the zone go? Old law- couldn’t recover; harder to explain/prove emotional distress Thing Case- breakthrough case allowing a mother to recover when a child is injured Dillon Rule – 80 feet away while 17 month old was crushed by an ice truck, mother was pregnant when witnessing that - Mother wouldn’t allege that she was worried for her own danger; judge rejected the idea that she had to say that she was worried for her own safety, which is where the bystander rule began… - Contrary to precedent as not appropriate (dissent to that case) 5 years after that case- Dillon case – judge writing for a new majority rule - 4:3 opinion; very close case - P was a mother who witnessed the killing of the child; mother’s emotional trauma was most egregious case of them all - Mother was on porch and saw daughter cross street- mother and sister saw child struck and killed by negligent driving of D
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Negligent Infliction of Emotional Distress - Negligent...

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