Oklahoma law has long recognized damages arising
from the negligent infliction of emotional distress.
Not exact matches
Mr. Denton is referring to a decision by Mr. Hogan's legal team to abruptly drop one of the claims — for «
negligent infliction of emotional distress» —
from its case.
Generally speaking, aside
from very specific types of cases involving contracts, or specific types of statutory relief, a Plaintiff typically includes counts for things like NIED (
negligent infliction of emotional distress), pain and suffering, loss of consortium, loss of future earning capacity — these are a few of the types of counts whereby there is no specific value a defendant could ever point to being «fully satisfied» — the reason being, a jury needs to determine the legitimate value of these claims unless the Plaintiff accepts a settlement award whereby he / she / it feels as if it's fully satisfied.
Instead, a victim of
negligent infliction of emotional distress need only suffer
from serious emotional distress.
1992)(both intentional
infliction of emotional distress and
negligent infliction of emotional distress based on spouse's affair would not be recognized); Koestler v. Pollard, 162 Wis. 2d 797, 471 N.W. 2d 7 (1991)(where cause of action flows directly
from facts constituting criminal conversation, cause of action labeled as intentional
infliction of emotional distress would be barred).
Also, there is a recognized legal theory for these damages called «
negligent infliction of emotional distress» that allows financial recovery
from those responsible for an accident.
The appellant sued for negligence, premises liability, and
negligent infliction of emotional distress, claiming that the death was a result of the child being ejected
from respondent's premises by its dangerous configuration.