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Engler V. Illinois Farmers Insurance Co. And Negligent Infliction Of Emotional Distress, Michael K. Steenson
Engler V. Illinois Farmers Insurance Co. And Negligent Infliction Of Emotional Distress, Michael K. Steenson
Faculty Scholarship
The rules governing negligent infliction of emotional distress claims differ significantly from state to state. The predominant rule is the bystander recovery rule, which permits recovery by persons who are not physically threatened by the defendant’s negligent conduct but who suffer emotional distress from witnessing injury to a third person. In bystander recovery jurisdictions, the required degree of proximity of the plaintiff to the accident scene, how the plaintiff hears about the accident, the plaintiff’s relationship to the person actually injured in the accident, and the proof required to establish severe emotional distress vary, sometimes significantly, from jurisdiction to jurisdiction. …
The Anatomy Of Emotional Distress Claims In Minnesota, Michael K. Steenson
The Anatomy Of Emotional Distress Claims In Minnesota, Michael K. Steenson
Faculty Scholarship
This Article examines the right to recover damages for emotional distress in Minnesota, with emphasis on claims for negligent and intentional infliction of emotional distress. The recovery of damages for emotional distress is subject to varying and perhaps seemingly inconsistent standards. After a brief history of emotional distress law, the Article will discuss claims for emotional distress based on negligence, intentional torts, and statutory violations. These areas are examined in detail to determine the standards for the recovery of emotional harm in Minnesota and to evaluate whether the standards are applied consistently. The Article also examines the right to recover …