Charles Falzone was standing in a field adjacent to the roadway when he was struck and injured by Busch’s negligently driven automobile. Mabel Falzone, his wife, was seated in his lawfully parked automobile close to the place where her husband was struck and Busch’s negligently driven automobile veered across the highway and headed in her direction, coming so close to her as to put her in fear for her safety. As a direct result she became ill and required medical attention. Rejecting Ward, the court held that where negligence causes fright from a reasonable fear of immediate personal injury, the injured person may recover.
Cindy Lourcey was working as a postal carrier for the United States Postal Service. While delivering mail by postal vehicle on Rome Pike in Lebanon, Tennessee, Lourcey encountered Charles Scarlett and his wife, Joanne Scarlett, who was nude from the waist up, in the middle of Rome Pike. When Lourcey stopped her vehicle to provide assistance, Charles Scarlett told her that his wife was having a seizure. As Lourcey used her cell phone to call emergency 911 to request help, Charles Scarlett pulled out a pistol and shot his wife in the head. He then turned and faced Lourcey, pointed the pistol at his head, pulled the trigger, and killed himself. The Lourceys allege that Charles Scarlett’s conduct created causes of action for intentional and negligent infliction of emotional distress.
McDermott received a telephone call from Reynolds’ wife informing him that she had just followed Reynolds and Flordeliza McDermott to a motel. McDermott had been married to Flordeliza for 18 years and they had three children. McDermott confronted Reynolds about his relationship with Flordeliza and demanded that Reynolds cease the adulterous relationship. Instead of ending the relationship, Reynolds “flaunted it outwardly.” McDermott alleged that Reynolds’ conduct was malicious and intended to cause severe embarrassment, humiliation and emotional distress to McDermott and his three children.
R.J. asserted that, through the negligence of Humana, he was incorrectly led to believe that he had contracted the HIV virus, causing him to suffer bodily injury and extreme mental anguish and emotional distress. The court dismissed the case for failure to state a cause of action, insisting that the R.J.’s complaint failed to meet the requirements of the impact rule. The court further explained that “although we find that the touching of a patient by a doctor and the taking of blood for ordinary testing would not qualify for a physical impact, other more invasive medical treatment or the prescribing of drugs with toxic or adverse side effects would so qualify.”
Patricia B. Russo, a single parent who lives with her teen-age daughter, sought to recover against Burton White for his allegedly outrageous conduct. Russo alleged that in the Spring of 1987 she “went on a date with defendant” and thereafter “did not date defendant again.” Then Russo began receiving numerous “hang-up” calls from April through June, 1987. Between November 25, 1987 and January 28, 1988, she received 340 “hang-up” calls; Russo contacted the police in January 1988, and, with the aid of the police and the telephone company, they observed White making 15 phone calls to plaintiff in quick succession from a telephone booth. Russo alleged that White’s conduct caused her extreme emotional distress.
A group of employees at a Honda dealership in Santa Ana watched a corporate jet fall out of the sky. They feared the jet would crash into them and the injury from the ensuing explosion. The jet didn’t crash into them. Rather, it crashed into nearby ground. Despite their fears, the jet crashed into the nearby ground, and the employees were among the first to arrive at the scene of the crash to offer whatever assistance they could, and to observe the aftermath. The court declined to find emotional harm, stating “the law can hardly permit a major tort suit for unpredictable emotional distress damages for every near-miss and otherwise uneventful unsafe lane changes.”
Dean Abrahamson and three others brought this action for the emotional distress he allegedly suffered while a passenger on TWA’s Boeing 727, which plunged more than 30,000 feet in an uncontrolled tailspin. The jury found that the plaintiffs suffered $50,000.00 in damages, and the court upheld the verdict.
This is one of a pair of cases (to be read with Shu-Tao Lin v. McDonnell Douglas Corp.) where the recovery of passenger/plaintiff for pre-impact flight in an airplane crash was dependent upon seating arrangement on the plane (and the resulting awareness of the inevitable impact).
This is one of a pair of cases (to be read with Shatkin v. McDonnell Douglas Corp.) where the recovery of passenger/plaintiff for pre-impact flight in an airplane crash was dependent upon seating arrangement on the plane (and the resulting awareness of the inevitable impact).
Gerald Gammon asked the Neal-York Funeral Home to make the funeral arrangements for his father, who died at Osteopathic Hospital. Two plastic bags were delivered to Gerald Gammon at the funeral home and taken by him to his father’s home in Limington. When he opened the second bag, Gammon discovered a bloodied leg, severed below the knee and bluish in color. Thereafter, Gammon began having nightmares for the first time in his life, his personality was affected and his relationship with his wife and children deteriorated. The jury concluded that Gammon had suffered “severe emotional distress” but that the distress was not proximately caused by intentional or reckless conduct of either defendant.
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