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Faya v. Almaraz3/9/1993
right or shock without physical impact. See, e.g., Mahnke v. Moore, 197 Md. 61, 77 A.2d 923 (1951); Bowman v. Williams, 164 Md. 397, 165 A. 182 (1933); Tea Co. v. Roch, 160 Md. 189, 153 A. 22 (1931); Balt. & Ohio R. R. Co. v. Harris, 121 Md. 254, 88 A. 282 (1913).
In Vance v. Vance, 286 Md. 490, 408 A.2d 728 (1979), we held that damages could be recovered for emotional distress resulting from a tortious act; that a "physical injury" could be proved by evidence indicative of a mental state; and that the term "physical" in this context is not to be afforded its
usual dictionary meaning, but rather as an injury "capable of objective determination." Id. at 500. The injuries alleged in Vance were mental distress, nervousness, sleeplessness, spontaneous crying, and depression; there was no medical diagnosis of any physical ailments. In finding Mrs. Vance's injuries to be legally cognizable, we said that the requirement of "physical injury" for recovery in negligence meant only that the alleged injuries must be objectively measurable.
The evidence in Vance showed that Muriel and Arnold Vance were married in a religious ceremony, lived together for 18 years, and had two children. Then Arnold left Muriel for another woman. She sought a decree awarding her alimony and child support. Arnold opposed the action on the ground that at the time of his marriage to Muriel he had not been divorced from his first wife and, therefore, his marriage to Muriel was void. It appeared that Arnold originally believed that his decree of absolute divorce from his first wife was final, and had told Muriel that he was free to marry her. About one month after their marriage, Arnold discovered that his divorce decree had not become final until after his marriage to Muriel. Arnold never told Muriel that their marriage was a nullity. She did not discover it until Arnold sought to annul the marriage 20 years later.
The evidence at trial was that the disclosure that Muriel's twenty-year marriage was void had a devastating effect on her.
"She went into a state of shock, engaged in spontaneous crying and for a period seemed detached and unaware of her own presence. She was unable to function normally, unable to sleep and too embarrassed to socialize. In addition to experiencing symptoms of an ulcer, Muriel suffered an emotional collapse and depression which manifested itself in her external condition, i.e., her significantly deteriorated physical appearance - unkempt hair, sunken cheeks and dark eyes."
{PA}
Page 459} Id. at 501. We held that this evidence was legally sufficient to establish symptoms of a mental state evidencing a "physical injury." Id.
"The evidence showed that Muriel suffered an objectively manifested, definite nervous disorder of a magnitude similar to the mental distress established in Green, Bowman, and Roch. . . . The evidence was sufficient to support a jury finding that Muriel was physically injured as a foreseeable result of [Arnold's] negligent misrepresentation concerning his marital status."
Id. (footnote omitted).
In the instant case, appellants allege that their fear and mental and emotional distress are accompanied by headache, sleeplessness, and the physical and financial sting of blood tests for the AIDS virus. Vance and its precursors dictate that appellants may recover for these injuries, to the extent that they can objectively demonstrate their existence. Again, however, such damages must be confined to injuries suffered during the appellants' legitimate window of mental anxiety; after this point,
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