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Garland V. Herrin: Surviving Parents' Remedies For A Child's Wrongful Death - The Pecuniary-Loss Rule And Reckless Infliction Of Emotional Distress, Kathleen Keogh Miller
Garland V. Herrin: Surviving Parents' Remedies For A Child's Wrongful Death - The Pecuniary-Loss Rule And Reckless Infliction Of Emotional Distress, Kathleen Keogh Miller
Cleveland State Law Review
The parents of Bonnie Garland are only two of the innumerable third-party victims who have suffered from the wrongful death of a child. Because the "emotional distress" suffered by the Garlands was comprised of so many elements, the wrongful death of their child provides a framework for analyzing all the harms engendered within the term "emotional distress" and the availability of civil remedies for each of those "separable" harms. The tragedy of the Garlands will be used as a vehicle to assess the success of legislatures and courts in enacting and interpreting wrongful death statutes. The important question becomes whether …