Compensable Injury

Question 1

Emotional Harm (NIED/IIED)

Answer 1

IIED recovery is parasitic

elements:
1. D intended to or recklessly cause(d) ED
2. D acted extreme & outrageous
3. D’s actions were proximate cause of injury
4. Mental anguish suffered by P is serious and a reasonable person would not be expected to endure it

Question 2

Emotional Harm: Impact rule

Answer 2

MENTION WE DONT DO THIS FOR EZ POINTS

1. Direct Physical injury causes emotional harm too
2. Handling of a corpse is the exception

Question 3

Emotional Harm: Forseeability (Gammon)

Answer 3

foreseeable that this would cause severe distress, simplified to foreseeability.

Question 4

Emotional Harm: Bystander Recovery: Zone of Danger

Answer 4

1. If not in the zone of danger, cannot recover. Would have to be in the zone of danger and fearing for both your and V’s life (Portee reversed)
2. Waube holds that a parent has to be in the zone of danger, if not there is only a duty to the child

Question 5

Emotional Harm: Bystander Recovery: Dillon, Portee, and Beyond

Answer 5

1. P must be near, but not necessarily in the zone of danger
2. Direct impact, observing it as it happens
3. Close relationship to the victim
4. Serious injury to both V and P (Portee)

Question 6

Loss of Consortium/Companionship

Answer 6

Diaze v. Eli Lilly & Co- Women can make this claim if their husbands are injured and loss of consortium results

Question 7

Enhanced risk claims/ loss of opportunity

Answer 7

Use with caution, loss must be found certain

Question 8

Fear of future disease

Answer 8

D exposes P to a serious risk of contracting disease due to negligent actions

ex: a doctor uses a needle on an HIV patient, doesn’t change the needle and infects clean patient immediately after