Theory 2 bystander no duty owed to 3 rd ps distress

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Theory 2 (bystander)- No duty owed to 3 rd P’s distress resulting from fear of another’s safety unless: 1.3 rd P is in zone of danger 2. 3 rd P is a close relative of injured person 3. D has knowledge of 3 rd P’s presence and relationship with injured party. 3
FACT DISCUSSION AS TO WHETHER D MET STANDARD OF CARE – 1.What D did wrong?2.Was D’s act unreasonable? Why? Negligence per se (statute violation/ conclusive presumption of duty and breach/ P must then establish causation and damages) 3.Causation: P must show both actual cause and proximate cause To prove Actual Cause, P must show that injurywould have not occurred BUT FOR D’s breach (D’s failure to…) 1.Where the consequences of D’s breach foreseeable? 2.Did P’s injury result from the risk created by D?Direct Cause-> D liable; Eggshell Theory (take your P as you find her) 4. Damages (not presumed) PROOF OF ACTUAL DAMAGES REQUIRED! P must mitigate and no attorney fees are recoverable Past damages: medical expenses, lost earnings, and pain and suffering Future damages: future medical bills, lost earnings, future pain and suffering Punitive Damages = NO unless D’s conduct is “wanton and willful” Egg-shell skull doctrine = D is liable for all damages, including aggravation of an existing condition, even if the extent or severity of the damages was unforeseeable.

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