Negligent infliction of emotional distress

In Pennsylvania, a plaintiff claiming negligent infliction of emotional distress must establish one of these four situations: “1) that the defendant had a contractual or fiduciary duty; 2) plaintiff suffered a physical impact; 3) plaintiff was in a “zone of danger” and at risk of an immediate physical injury; or 4) plaintiff had a contemporaneous perception of tortious injury to a close relative.” Doe v. Phila. Cmty. Health Alternatives AIDS Task Force, 754 A.2d 25, 27 (Pa. Super. Ct. 2000). The first element does not apply to our client because there was no fiduciary or contractual duty relationship. Secondly, it could be argued that Nordlund suffered a physical impact because after Sumner’s accident, Nordlund could not eat, could not sleep…

I was asked to research and prepare a memorandum of law on whether Little Lucky, a minor can bring a multiple cause suit against the Jackson brothers for wrongful death, negligent infliction of mental distress and intentional infliction of mental distress? Facts On Friday night around 11 p.m., Bo, Ro, and Kno Jackson robbed the Wild Wings. As they were leaving the owner Burt Lucky came through the door trying to stop the robbery. The Jackson brothers ran passed Burt to get to the exit, they…

Intentional Infliction of Emotional Distress (p. 140). Dolly could show that: 1. Carl committed an act of extreme or outrageous conduct by lying to the human resources manager to get her fired; 2. He intended to cause her severe emotional distress by purposefully lying to the H.R. manager; 3. She suffered from severe emotional distress from being fired as a result of Carl’s false statements; and 4. Carl’s false statements were the cause of her termination (but for Carl lying to the H.R. manager,…

Usha demonstrates physical harm in her mother when she almost harms herself: “… she had gone through the house, gathering up all the safety pins that lurked in drawers and tins and adding them to the few fastened to her bracelets. When she’d found enough, she pinned to her sari one by one, attaching the front piece to the layer of material underneath, so that no one would be able to pull the garnet off her body” (82). It is very clear what Aparna intends to do; it is the lowest state emotionally…

I. Introduction Our client, Shawn Kemp (“Kemp”) has filed suit against Janice Matier (“Janice”) alleging Intentional Infliction of Emotional Distress (“IIED”). The suit is based on Janice’s unauthorized posting of our client’s personal information through the use of social media with a caption that posted GPS coordinates of Kemps house. Kemp alleges Janice’s Twitter post has caused him IIED. Janice’s conduct was not extreme and outrageous when she posted the picture, because her conduct was not…

Smith is suing Ginny Jones for intentional infliction of emotional distress for purposely revealing personal secrets about her on national television. In addition, Suzy Anne is suing the owner and producer of WSLZ for negligence to protect her from being assaulted by Ginny Jones. This brief will only focus on whether Ginny Jones’s behavior was extreme and outrageous and whether, under the totality of the circumstances, the criminal attack by Ginny Jones was foreseeable, thereby establishing a…

Assault is intentional causing of an apprehension as well as offensive content. Battery is the intentional inflicting of dangerous or invasive bodily contact. False imprisonment is the intentional infliction of incarceration upon an individual. Mental distress is the intentional or reckless infliction, by extreme and outrageous conduct, of severe emotional or mental distress. There are two types of damages one can receive from a civil lawsuit which includes compensatory and punitive. Punitive…

televised revelation of the crush and his resulting humiliation resulted in the shooting death of their son”. Thus, the jury awarded the family $25 million. Which still isn’t worth losing a loving son. Negligence Law and Reality Television: When it comes to reality television, for the most part, its viewed at times some what negligent. However, whoever asserts negligence must show proof. “In the context of reality television, the viability of negligence cases may depend on the necessity…

Not yet finished, Plaintiffs then claim Frances House did not “tell the reader” what its “purpose” was in challenging certain allegations in paragraph in counts L and LIV. Plaintiff again quotes long passages from its Seventh Amended Complaint and then concludes that paragraph 25 of Counts LII and LVI is “merely a statement of medical fact.” (Pls. Resp. Mot. Dismiss at 29.) Instead of recognizing the obvious, i.e., that alleging “certain actions are indicative” of emotional distress…

Court of Appeals of Ohio, First District, Hamilton County. NADEL et al., Appellants, v. BURGER KING CORPORATION et al., Appellees. No. C-960489. -- May 21, 1997 Edward J. Felson and Stephen R. Felson, Cincinnati, for appellants. Jonathan P. Saxton, Cincinnati, for appellee Burger King Corporation. Droder & Miller Co., L.P.A., A. Dennis Miller and Kevin J. Ryan, Cincinnati, for appellee Emil, Inc. I. Facts On a morning in early December 1993, plaintiff-appellant Paul Nadel was driving…