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[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 Australian railroad decision and recognised liability for "nervous shock" in the Byrne (1884) and Bell (1890) cases. [6]
NIED began to develop in the late nineteenth century, but only in a very limited form, in the sense that plaintiffs could recover for consequential emotional distress as a component of damages when a defendant negligently inflicted physical harm upon them. By 1908, most industrial U.S. states had adopted the "physical impact" form of NIED.
The Hutelmyer case. In 1997, a jury in Alamance County awarded $1 million to Dorothy Hutelmyer, who argued in court that a secretary in her husband’s insurance office had intentionally wooed him ...
A Mecklenburg County jury awarded $1.4 million in May 2001 to a former wrestling coach against P, after the coach's wife left him for P (the jury verdict was later reduced by the North Carolina Court of Appeals as excessive). A year 2000 verdict of $86,250 for alienation of affections and $15,000 for criminal conversation in the case of Pharr v.
From left to right, attorneys Elizabeth Troutman and Robert King, represented the Gaston County Board of Education in a North Carolina Supreme Court hearing on Wednesday, Sept. 19, 2024.
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 ...
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
More than 250 lawsuits were filed after the 2019 SAFE Child Act set up a two-year window allowing some child sex abuse survivors to file lawsuits, no matter their age.