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Legg, the Supreme Court of California was the first court to allow recovery for emotional distress alone – even in the absence of any physical injury to the plaintiff – in the particular situation where the plaintiff simply witnessed the death of a close relative at a distance, and was not within the "zone of danger" where the relative was ...
[4] Courts had been reluctant to accept a tort for emotional harm for fear of opening a "wide door" to frivolous claims. [5] A change first occurred in the Irish courts which repudiated the English railroad decision and recognised liability for "nervous shock" in the Byrne (1884) and Bell (1890) cases. [6]
Also, permitted the courts to defer judgment regarding a person's need for commitment, to the doctor(s) 14th 1979 Parham v. J.R. The Court ruled that minors may be civilly committed to mental health facilities without an adversary hearing; in essence, parents do have the right to commit their children. 14th 1982 Youngberg v. Romeo
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When filing a lawsuit as a result of an injury, it is common for someone to seek money both in compensation for actual money that is lost and for the pain and stress associated with virtually any injury. In a suit, pain and suffering is part of the "general damages" section of the claimant's claim, or, alternatively, it is an element of ...
A lawsuit accusing North Carolina officials of unnecessarily warehousing foster children in locked psychiatric facilities has survived the Department of Health and Human Services’ effort to ...