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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]
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 ...
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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 ...
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Dillon v. Legg, 68 Cal. 2d 728 (1968), was a case decided by the Supreme Court of California that established the tort of negligent infliction of emotional distress.To date, it is the most persuasive decision of the most persuasive state supreme court in the United States during the latter half of the 20th century: Dillon has been favorably cited and followed by at least twenty reported out-of ...
North Carolina puts thousands of children in harm’s way by failing to fix the state’s broken child welfare system, says a federal class action complaint filed on behalf of nine foster children.