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Topic: Emotional Distress

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	Emotional Distress
		Emotional distress is a common occurrence, an everyday thing, and the really trivial cases overshadow those that incur extreme emotional distress.
		Cases trying to recover damages for emotional distress or the negligent infliction thereof should be thrown out due to the facts that no one is to blame for accidental occurrences, the definition of emotional distress is too vague, and the money received will not completely correct the problems.
		In the “Judge’s Instructions to the Jury” on intentional infliction of emotional distress, the first requirement is that “the defendant engaged in outrageous, [unprivileged] conduct” (Behrens, 119), “the plaintiff suffered severe emotional distress”, and that “such outrageous.
	www.geocities.com /jhurdles11/EmotionalDistress.html (1435 words)

	Emotional Distress in Women Presenting for Breast Imaging (Site not responding. Last check: 2007-10-08)
		Emotional distress in the women was also assessed in relation to demographic factors, reason for referral, presence of breast symptoms, type of imaging procedure performed, and self-reported pain and discomfort during imaging.
		Emotional functioning in the women was also assessed in relation to demographic factors, reason for referral, presence of breast symptoms, type of imaging procedure performed, and self-reported pain and discomfort during the procedure.
		Emotional distress may thereby mediate the relationship of pain and increased likelihood for non-use of follow-up radiological breast examinations that is documented in the literature.
	www.kfshrc.edu.sa /annals/196/99-023A.html (2492 words)

	Erlich v. Menezes, damages, emotional distress, construction defect claim (Site not responding. Last check: 2007-10-08)
		In addition, each spouse was awarded $50,000 for emotional distress and Barry Erlich was awarded an additional $50,000 for physical pain and suffering resulting from a heart condition and $15,000 for lost earnings.
		A Court of Appeal decision affirmed the award, concluding that emotional distress damages were recoverable because of the intolerable living conditions and the fear about safety of the home.
		Emotional distress damages are not normally recoverable in an action for breach of contract.
	www.lowball.com /WEEKLY/9-9-99.htm (647 words)

	Recovering emotional distress damages in the legal malpractice case (Site not responding. Last check: 2007-10-08)
		Where the interest invaded does not naturally entail significant emotional distress, and where precedent has not established the availability of damages for consequential emotional distress, the matter must be resolved as a question of policy.
		Only if emotional distress damages would not be expected to flow from the injury does the court reach the second step of the analysis, that is, whether emotional distress damages can be recovered under a policy analysis using the factors set forth in Lucas v.
		Given the complicated and vague rules on the recovery of emotional distress damages in legal malpractice cases, it is difficult to predict how the courts will handle new claims for emotional distress in legal malpractice cases, especially since the new case law requires the courts to use a case-by-case analysis.
	www.hartley.com /emodistr.htm (2744 words)

	[No title]
		A number of circuit courts have held that emotional distress damages may be awarded in civil rights cases where the sole evidence of emotional injury is the plaintiff's testimony, and where there has been no overt or physical manifestation of such injury.
		Nevertheless, although the Court noted in a footnote that mental and emotional distress "may be evidenced by one's 5 01-04405 conduct and observed by others," id. at 264 n.20 (emphasis added), nowhere did it require an overt or physical manifestation of emotional distress.
		Galloway should be compensated for the indignity, humiliation, stigmatization, and emotional distress of being prohibited, because of his disability, from exercising one of the most important privileges and duties this country asks of its citizens.
	www.usdoj.gov /crt/foia/dc2.txt (1521 words)

	Emotional Distress in Elder Abuse - National Center on Elder Abuse (NCEA)
		Although clinical records and case studies have documented the severe emotional distress experienced by older persons as a result of mistreatment, relatively few studies have dealt with the consequences of elder abuse on the victim.
		Other symptoms of emotional distress such as fear, shame, guilt, alienation, and posttraumatic stress disorder have also been postulated as the sequelae of elder mistreatment but have not been the subject of systematic investigation.
		The topic of emotional distress was recently addressed in a 1999 study.6 Researchers in the Netherlands examined data from a survey of elders living in Amsterdam to determine risk indicators for elder mistreatment in the community.
	www.elderabusecenter.org /print_page.cfm?p=emotionaldistress.cfm (734 words)

	136 Wn.2d 122, HEGEL v. McMAHON
		A claim of negligent infliction of emotional distress resulting from the Observation or discovery of a negligently inflicted physical injury to another person is cognizable if the plaintiff (1) was present at the scene of the injury-causing event and (2) has objective symptoms of the alleged emotional distress.
		Damages may be recovered on a claim of negligent infliction of emotional distress caused by observing an injured relative at the scene of an accident shortly after its occurrence if the relatives condition or location did not substantially change prior to the observation.
		Mental distress where the plaintiffs are not present at the scene of the accident and/or arrive shortly thereafter is unforeseeable as a matter of law." Gain, 114 Wn.2d at 261.
	www.mrsc.org /mc/courts/supreme/136wn2d/136wn2d0122.htm (4295 words)

	NABR Animal Law §ection - Infliction of Emotional Distress
		The Kentucky Court of Appeals held that: (1) element of tort of outrage, or intentional infliction of emotional distress, requiring outrageous and intolerable conduct depends on conduct of wrongdoer, not subject of conduct; (2) boarders' actions constituted tort of outrage; and (3) award of $50,000 compensatory damages and $75,000 punitive damages was not excessive.
		Action was brought to recover damages for negligent infliction of emotional distress caused when plaintiff witnessed defendants' St. Bernard dismember her poodle while she was walking the dog near her home.
		The Appeals Court held that: (1) sheep owners could not recover for emotional distress of finding that sheep had been slaughtered in their absence; (2) sheep owners had no cognizable claim for loss of companionship and society; and (3) evidence was insufficient to support claim for trespass.
	www.nabr.org /AnimalLaw/EmotionalDistress (1895 words)

	Elements of Intentional Infliction of Emotional Distress
		The tort of intentional infliction of emotional distress has four elements: (1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress.
		Some Missouri courts have extrapolated the standard for the negligent infliction of emotional distress to intentional infliction of emotional distress cases and required under Bass v.
		If the Bass test is applicable to intentional infliction of emotional distress cases, plaintiff satisfied that test by pleading in her petition that the emotional distress she suffered was medically diagnosable and significant and required her to seek medical treatment.
	biotech.law.lsu.edu /Courses/tortsF01/IIEM.htm (355 words)

	Emotional distress leads children to doubt their competence
		Children who experience emotional distress from depression and anxiety are prone to viewing themselves and their world in a negative light — and this thinking leads them to underestimate their abilities, suggest the results of a long-term study of nearly 1,000 elementary school children.
		A deeper understanding of the effects of emotional distress and the pathways by which they affect children is important.
		The researchers found that emotionally distressed study participants were more likely to see themselves and their world in a negative light — and that these negative feelings subsequently decreased their perceptions of competency during the study period.
	www.eurekalert.org /pub_releases/2003-03/cfta-edl022503.php (521 words)

	Emotional distress
		Emotional distress is one of the topics in focus at Global Oneness.
		The techniques used in the degriefing process are intended to ease a person’s emotional distress, mental anguish, and physical discomforts.
		While the practitioners may vary widely in technique and philosophy, Reiki is commonly used to treat emotional and mental distress as well as chronic and acute physical problems, as well as to assist the recipient in achieving spiritual focus and clarity.
	www.experiencefestival.com /emotional_distress (2163 words)

	Legal Definition of 'Emotional Distress'
		EMOTIONAL DISTRESS - 'Damages for emotional distress have been permitted only where there is some means for assuring the validity of the claim.
		In torts involving extreme and outrageous intentional invasions of mental and emotional tranquillity, the outrageous conduct affords the necessary assurance of the validity of the claim.
		Not all mental anguish is compensable: '[E]motional distress is but 'part of the human condition.' Fuentes v.
	www.lectlaw.com /def/e087.htm (429 words)

	Muchow v. Lindblad, 435 N.W.2d 918 (N.D. 1989)
		The defendants moved for summary judgment, asserting immunity for Lindblad's discretionary acts, the absence of bodily harm to the plaintiffs necessary for a claim for negligent infliction of emotional distress, and the absence of extreme and outrageous conduct necessary for a claim for intentional infliction of emotional distress.
		The plaintiffs contend that emotional distress is presumed in cases involving unusual circumstances, which include the well-recognized exception for a telegraph company's negligent mishandling of a message concerning the death or serious illness of next-of-kin and a funeral home's negligent mishandling of the corpse of next-of-kin.
		However, with regard to a claim for intentional infliction of emotional distress, the degree of outrageousness of a defendant's conduct may itself be important evidence of severe emotional distress necessary to support a claim for intentional infliction of emotional distress.
	www.court.state.nd.us /court/opinions/880135.htm (3727 words)

	Infliction of Emotional Distress
		A defendant intended to inflict emotional distress if it is established that he or she desired to cause such distress or knew that such distress was substantially certain to result from his or her conduct.
		A defendant's conduct is in reckless disregard of the probability of causing emotional distress if he or she has knowledge of a high degree of probability that emotional distress will result and acts with deliberate disregard of that probability or with a conscious disregard of the probable results.
		Serious emotional distress is an emotional reaction beyond that which would be anticipated in a witness not related to the injured person and which is not an abnormal response to the circumstances.
	www.west.net /~smith/distress.htm (1178 words)

	Emotional Distress: Proving Damages
		Emotional Distress--Proving Damages provides a summary of emotional distress cases that have been litigated in jurisdictions throughout the country.
		Abele (a Phoenix, Arizona attorney and author of several law specialty books) defines the categories of emotional distress that are most accepted by courts and jurors, discusses limitations that the plaintiffs have in claiming emotional distress, and offers reasons why some cases fail and others succeed.
		Topics include emotional distress as an element in tort, cause of action, proof of injury, and a client interview checklist.
	www.lawyersandjudges.com /productdetails.cfm?PC=1093 (255 words)

	Emotional Distress And The Practice Of Law
		EMOTIONAL DISTRESS-A LEADING CAUSE OF DISSATISFACTION AND LAWYER DISCIPLINE: Recent surveys have indicated that lawyer dissatisfaction with the practice of law are on the increase.
		Emotional distress, whether arising in the context of the practice of law or elsewhere, has been linked to physical problems such as headaches, depression, heart trouble, sleep disturbances, and deterioration of interpersonal relationships as well as chemical dependency and substance abuse.
		LEADING CAUSES OF LAWYER STRESS: Causes of emotional distress among attorneys tend to be either those found in other high stress occupations; or unique to the practice of law in particular; or those involving particular individual character traits.
	www.lectlaw.com /files/cur65.htm (935 words)

	Quinn v. Walsh. Heart balm torts: Statute of Limitations, Emotional Distress, Alienation of Affection, Criminal ...
		We have said that where the claim arises from the intentional infliction of emotional distress, the injury occurs on the date a plaintiff first experiences anxiety or distress which is the intended result of the defendant's conduct.
		In cases where the emotional injury is said to have been caused by a defendant's negligence, our courts have imposed the even narrower requirement that "[a] plaintiff's emotional distress must follow 'closely on the heels of' the negligent act." Miles v.
		Thus, to survive dismissal based on the claim that the action was time-barred, the inferences to be drawn from the allegations in the complaint must encompass both the requirement that the plaintiffs suffered emotional distress soon after learning of the alleged outrageous conduct and that their distress was manifested after September 11, 1994.
	falseallegations.com /heart-balm.htm (4420 words)

	Top Story 01
		MADISON - A mother can sue to recover damages for emotional distress over experiencing the stillbirth of her child as well as the wrongful death of the infant, the state Supreme Court ruled Thursday.
		Thus mothers may sue for emotional distress for the wrongful death of their stillborn infants as parents and the personal injuries - including emotional distress - they suffer as patients.
		A circuit court judge dismissed the emotional distress claims, and an appeals court upheld the ruling.
	www.gmtoday.com /news/politics/state/topstory207.asp (472 words)

	[No title] (Site not responding. Last check: 2007-10-08)
		A defendant confronted with a claim of negligent infliction of emotional distress, although provided with a series of bright-line rules specifying when a plaintiff is part of the compensable class, is consequently left with an ill-defined body of case law that creates uncertainty as to a defendant’s scope of liability for emotional distress damages.
		Boston,[95] the court reiterated the well-established rule that recovery for emotional distress is not permitted where the intentional tort results in mere injury to property, unless the injury is “committed under circumstances of insult or contumely.
		The standard for awarding emotional distress damages, therefore, was whether the distress was “reasonably foreseeable”—a determination which was to be left to the discretion of the jury.
	www.law.ua.edu /lawreview/huffaker523.htm (5595 words)

	Retina Eye Center - News
		“The prevalence of probable or definite emotional distress was 55.8% among the ophthalmic patients, as compared with 2.0% among controls,” she said.
		“The fact that shorter duration of ocular disease is significantly associated with emotional distress suggests that patients may adapt to their vision loss in such a way that, over time, lessens the associated emotional distress,” she said.
		Because increased functional impairment is associated with increased emotional distress, interventions designed to maximize patients’ level of functioning may improve patients’ emotional distress.
	www.retinaeyecenter.com /emotionaldistress.htm (649 words)

	Recovery of Damages for Emotional Distress in Tort,
		Emotional distress damages may be the most significant aspect of any bad faith action in jurisdictions that allow them.
		Co.(10) held that emotional distress damages were recoverable in third party bad faith claims for wrongful failure to settle.(11) In that case, there was an excess judgment against the insured.
		In affirming the emotional distress award, the California Supreme Court recalled a previous holding, in another case, that a bad faith action sounds both in contract and tort.(12) The tort aspect might justify tort damages.
	www.themoldsource.com /litigation/distress.html (1969 words)

	law.com - Calif. Appeal Court Unmoved by Emotional Distress Claim in Malpractice Case
		Courts rarely allow for emotional distress damages when attorneys are only accused of negligence, according to some defense lawyers.
		On top of at least $147,000 in compensatory damages, he sought unspecified damages for emotional distress in his suit, which was filed in August.
		The plaintiff contends his home life was thrown into emotional upheaval for more than four months, until a local judge made it clear that the status of his first marriage wouldn't be affected.
	www.law.com /jsp/article.jsp?id=1103549731265 (679 words)

	Jackson Lewis - Courts Disagree On Reach of Negligent Infliction of Emotional Distress Claims
		The legal issue of emotional distress caused by the actions of an employer during the course of the employment relationship comes up frequently.
		The court reasoned that, because the legislature changed the worker's compensation law in 1993 to exclude emotional distress injuries, plaintiffs may pursue claims for such injuries in a lawsuit.
		Negligent infliction of emotional distress claims are popular with plaintiffs because typically they increase the potential for money damages well beyond discrimination or contract claims.
	www.jacksonlewis.com /legalupdates/article.cfm?aid=105 (284 words)

	Emotional distress (denied) from insect in canned food - Ford v. Aldi, Inc., 832 S.W.2d 1 (Mo.App. W.D. 1992)
		Ford brought an action against Aldi for negligent infliction of emotional distress and breach of implied warranty.
		A plaintiff will be awarded damages for emotional distress if he or she can show: (1) that the defendant should have known that his conduct involved an unreasonable risk of causing emotional distress, and (2) that the emotional distress is "medically diagnosable" and is severe enough to be "medically significant." Id. at 772-73.
		Assuming arguendo that the warranty of fitness was in fact breached, the question is whether an emotional reaction to the sight of the insect, absent any physical injury, constitutes legally cognizable damages.
	biotech.law.lsu.edu /cases/food/Ford_v_Aldi.htm (714 words)

	Emotional Distress - Klesas
		The different kinds of Emotional Distress (S. Klesas or Klistomanas) are the afflictions of mind that taint or defile comprehension of realities (dharmas).
		Most kinds of emotional distress are conceptual errors (false views or opinions - darsana-heya klesas) and can be eliminated by the path of insight, which is proper knowledge of the four truths.
		The most intractable kinds of emotional distress (bhavana-heya klesas) must be eliminated through the cultivation of meditation practice because they are habitual and ingrained compulsions.
	www.tientai.net /glossary/bonno.htm (346 words)

	Emotional Distress: Proving Damages (Site not responding. Last check: 2007-10-08)
		Litigating a case involving emotional distress damages can be very difficult because many jurisdictions limit the ways in which these cases can be presented.
		Emotional Distress—Proving Damages provides a summary of emotional distress cases that have been litigated in jurisdictions throughout the country.
		You will also learn about the limitations that the plaintiffs have in claiming emotional distress, such as their relationship to the victim and being in the "zone of danger." After reading this book you will understand why some cases were successful and others failed.
	www.medleague.com /webstore/lawyersandjudges/emotional_distress.htm (223 words)

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