Difference between revisions of "Utah Negligent Infliction of Emotional Distress"
(Created page with "Negligent Infliction of Emotional Distress relates to recovering for emotional distress suffered while witnessing injury to a third party. In [https://scholar.google.com/scho...") |
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| − | Negligent Infliction of Emotional Distress relates to recovering for emotional distress suffered while witnessing injury to a third party. In [https://scholar.google.com/scholar_case?q=990+P.2d+384&hl=en&as_sdt=4,45&case=3505047201602809926&scilh=0 Straub v. Fisher and Paykel Health Care, 990 P.2d 384 (Utah 1999)], the Utah Supreme Court held that the plaintiff’s claim for negligent infliction of emotional distress failed “as a matter of law because she was never personally at risk of physical injury when she witnessed the death of her patient.” Id. at 387. | + | Negligent Infliction of Emotional Distress relates to recovering for emotional distress suffered while witnessing injury to a third party. In [https://scholar.google.com/scholar_case?q=990+P.2d+384&hl=en&as_sdt=4,45&case=3505047201602809926&scilh=0 Straub v. Fisher and Paykel Health Care, 990 P.2d 384 (Utah 1999)], the Utah Supreme Court held that the plaintiff’s claim for negligent infliction of emotional distress failed “as a matter of law because she was never personally at risk of physical injury when she witnessed the death of her patient.” Id. at 387. This case presents the question of whether a plaintiff can allege a claim for 387*387 negligent infliction of emotional distress based on her witnessing an injury to a third person. Here the plaintiff operated the instrumentality that caused injury to the third person but was not personally threatened with physical injury. |
Revision as of 05:00, 20 January 2015
Negligent Infliction of Emotional Distress relates to recovering for emotional distress suffered while witnessing injury to a third party. In Straub v. Fisher and Paykel Health Care, 990 P.2d 384 (Utah 1999), the Utah Supreme Court held that the plaintiff’s claim for negligent infliction of emotional distress failed “as a matter of law because she was never personally at risk of physical injury when she witnessed the death of her patient.” Id. at 387. This case presents the question of whether a plaintiff can allege a claim for 387*387 negligent infliction of emotional distress based on her witnessing an injury to a third person. Here the plaintiff operated the instrumentality that caused injury to the third person but was not personally threatened with physical injury.
