 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Richardson v. Home Depot USA3/28/2001
duct is directed at the mental anguish victim and the circumstances show an "especial likelihood of genuine and serious mental distress." See Moresi, 567 So.2d at 1096, (requirement of especial likelihood of genuine and serious mental distress, arising from special circumstances, serves as a guarantee that the claim is not spurious).
My reading of Ms. Richardson's petition convinces me she will not be able to meet the exacting requirements of alleging facts which can lead to findings that defendant's negligent actions were of a nature that there was an especial likelihood of causing genuine and serious mental stress to her. Thus, I have reservations about Ms. Richardson's ability to amend her petition to state a cause of action sounding in negligent infliction of emotional distress for job -related stress. Although the mental distress suffered by Ms. Richardson may have been severe, she may well be among the persons who must suffer the consequences of being unable to be compensated for their damages because the law must guard against those who would inundate the courts with spurious claims were the standards for the cause of action lowered.
Should this Matter Be Remanded?
I note that O'Regan was decided after the trial court dismissed Ms. Richardson's petition without allowing her an opportunity to amend. Because of the significance that opinion plays in the instant case, I cannot say that it would not have influenced the trial court's exercise of discretion in allowing amendment. Despite the unlikelihood of Ms. Richardson being able to state a cause of action for negligent infliction of emotional distress, I concur in remanding the case to the district court to extend to Ms. Richardson the opportunity to amend. See LSA-C.C.P. art. 932.
Page 1 2 3 4 5 6 7 8 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|