 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Larsen v. Banner Health System12/23/2003
sequence to the community and the court system. This factor has generally been thought of as weighing the negative aspects of creating a new cause of action. As noted previously, we are concerned that additional liability may impose a great burden on our court system. However, we think the independent duty exception, as described by the Iowa Supreme Court, is sufficiently limited in scope so as to avoid an overwhelming burden. As noted in Gates, we suspect that recovery will not occur often because of the limitations placed on the action. Gates, 719 P.2d at 198. The instances in which this exception is available are initially limited by the exception itself because there must be a relationship for services that carries with it deeply emotional responses in the event of a breach. Lawrence, 534 N.W.2d at 421.
An additional limitation on the independent duty exception as recognized by Iowa is the requirement that the distress inflicted be "so severe that no reasonable man could be expected to endure it." Lawrence, 534 N.W.2d at 421 (citing Restatement, Second, Torts). This same limitation exists on intentional infliction of emotional distress (IIED) as recognized in Wyoming, which comes from Restatement, Second, Torts § 46. Leithead, 721 P.2d at 1065; see also Kanzler v. Renner, 937 P.2d 1337, 1341 (Wyo. 1997). Claims of IIED are made when " ne who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another." Leithead, at 1065 (quoting Restatement, supra, § 46(1)). Outrageous conduct is defined as conduct which goes "'beyond all possible bounds of decency' and which is 'regarded as atrocious, and utterly intolerable in a civilized community.'" Kanzler, at 1341 (quoting Restatement, § 46 cmt d). Nevertheless, IIED is additionally limited by the requirement of severe emotional distress. The reason given for this limitation is " omplete emotional tranquility is seldom attainable in this world, and some degree of transient and trivial emotional distress is a part of the price of living among people." Leithead, 721 P.2d at 1067 (quoting Restatement, supra, cmt j.) Therefore, the law only intervenes where the distress inflicted is "so severe that no reasonable man could be expected to endure it." Id.
The independent duty exception requires only negligence, not that the defendant intentionally or recklessly caused the emotional harm. The additional requirement that the defendant's conduct be extreme and outrageous is similarly absent. While the independent duty exception is applicable when a contractual relationship that carries with it deeply emotional responses in the event of breach exists and breaching the contract therefore eems to carry some element of outrageousness, it is to a lesser degree. It is thus entirely appropriate and perhaps more essential that the same limitation of severity apply when recognizing the independent duty exception.
The recognized court and jury functions for the question of severity are likewise applicable. "It is for the court to determine whether on the evidence severe emotional distress can be found; it is for the jury to determine whether, on the evidence, it has in fact existed." Kanzler, at 1341 (quoting Restatement, supra, cmt. j). The intensity and the duration of the distress are factors to be considered in determining its severity. Leithead, at 1067 (quoting cmt j). Thus, the determination will have to be made that the emotional injury is severe on a case by case basis.
Under this seventh factor, we additionally recognize that the parent-child relationship is intangible and it will likely be hard to value. However, such a valuation would be no harder than valuing the loss of society, ca
Page 1 2 3 4 5 6 7 8 9 10 11 12 Wyoming Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|