Court Splits on Negligent Infliction of Emotional Distress.

27 Monday Jan 2014

Posted by Celia C. Elwell, RP in Damages, Health Law, Litigation, Massachusetts Supreme Court, Medical Malpractice, Torts, Trial Tips and Techniques

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Bystander Liability, Damages, Emotional Distress, Impact Rule, Medical Malpractice, Neglience, Supreme Court of Pennsylvania, Toney v. Chester County Hospital, Tort, Zone of Impact Liability

Pennsylvania Supreme Court Splits On Extension of Tort of Negligent Infliction of Emotional Distress, by Daniel E. Cummins, TORT TALK Blog

http://tinyurl.com/mr4matq

The recent December 22, 2011 split decision by the Pennsylvania Supreme Court in the long-anticipated Opinion in the case of Toney v. Chester County Hospital, 2011 WL 6413948 (Pa. Dec. 22, 2011)(Baer, Todd, and McCaffery, JJ. join in support of affirmance)(Castille, Saylor, Eakin, JJ. join in support of reversal)(Orie Melvin, J. not participating) serves to fuel an argument in favor of the extension of the tort of negligent infliction of emotional distress (NIED).