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Is General Negligence The New Exception To The Florida Impact Rule?, Stephan Krejci
Is General Negligence The New Exception To The Florida Impact Rule?, Stephan Krejci
Florida A & M University Law Review
The impact rule is an ancient torts doctrine that precludes recovery for emotional distress unless the victim has been physically impacted by the tortfeasor and the emotional distress grew out of that physical impact. American courts widely adopted the impact rule and it persists in a handful of states to this day. Courts give several reasons for denying these negligent infliction of emotional distress (NIED) claims and these reasons fall into three broad categories: judicial efficiency, evidence concerns, and foreseeability. This paper proposes that Florida abrogate the impact rule and switch to using a general negligence approach for NIED claims. …
Equitable Estoppel & Workers' Compensation Immunity: Why Litigants And The Courts Are Getting Ahead Of Themselves, Neil A. Ambekar
Equitable Estoppel & Workers' Compensation Immunity: Why Litigants And The Courts Are Getting Ahead Of Themselves, Neil A. Ambekar
Florida A & M University Law Review
Every U.S. jurisdiction has created a separate body of law to address workplace injuries - the workers’ compensation scheme. These no-fault systems provide employees injured on the job lost wages and medical benefits. It also immunizes employers from negligence claims arising out of most workplace accidents. This article discusses a growing phenomenon in Florida’s workers’ compensation scheme, the use of estoppel to negate employer immunity. This article lays out the various theories of estoppel—primarily judicial and equitable—that may be asserted in the context of on-thejob injury litigation. This article goes on to explain why Florida courts should refrain from application …