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Perrotti v. Gonicberg7/7/2005
(quoting Payton v. Abbott Labs, 437 N.E.2d 171, 175 (Mass. 1982)).
In addition, this Court has held that the mere possibility of some future harm occurring as the result of defendant's negligence is not enough by itself to support a negligence claim. In Kelley v. Cowesett Hills Associates, 768 A.2d 425 (R.I. 2001), the plaintiff's awareness that she could have been exposed to asbestos in the floor tiles of her apartment together with the possibility of contracting cancer as a result was a risk "too tenuous to be a viable cause of action." Id. at 430. We agree with the trial justice's reasoning that in light of the normal fetal heart rate and ultrasound, together with a normal follow-up by the obstetrician, plaintiff's anxiety was not "sufficiently distinguishable from the average pregnant woman's concern regarding the health of her unborn fetus" to warrant recovery.
The Court, in Reilly, reiterated that plaintiffs asserting the negligent infliction of emotional distress are not required to show "actual physical impact at the time of the accident." Reilly, 547 A.2d at 896. To establish a prima facie case, it is, therefore, sufficient that the plaintiff was within the "zone of danger" of defendant's negligent activity or is a bystander related to a victim whom he or she witnesses being injured. If the plaintiff then suffers emotional distress, this distress, however, must be accompanied by physical symptoms. Id.
In deciding what constitutes physical symptoms and what does not, the courts are required to walk a very fine line. In Grieco v. Napolitano, 813 A.2d 994, 998 (R.I. 2003), this Court affirmed a trial justice's findings that the plaintiff showed physical manifestations of emotional injury . To support his decision, the trial justice cited case law from other jurisdictions establishing that symptoms such as severe nightmares (see First National Bank v. Langley, 314 So.2d 324, 328 (Miss. 1975)), severe headaches, occasional suicidal thoughts, sleep disorders, reduced libido, fatigue, stomach pains, loss of appetite (see Czaplicki v. Gooding Joint School District, 775 P.2d 640, 646 (Idaho 1989)), or the inability to sleep, socialize, or function normally (see Vance v. Vance, 408 A.2d 728, 734 (Md. 1979)) are sufficient physical manifestations of emotional injuries. Grieco, 813 A.2d at 998. Some of these symptoms appear somewhat less tangible and point toward a more relaxed standard for physical symptomatology, such as we have recognized in cases involving the intentional infliction of emotional distress. See Adams v. Uno Restaurants, Inc., 794 A.2d 489, 492-93 (R.I. 2002) (plaintiff found to have established physical symptomatology based on his own testimony about emotional distress and humiliation despite the absence of a medical expert). In Grieco, however, the plaintiff's symptoms-difficulty sleeping and eating, nightmares, social withdrawal-were confirmed by a physician who diagnosed the plaintiff with posttraumatic stress disorder and confirmed that the plaintiff's symptoms were consistent with that disorder. Grieco, 813 A.2d at 996-98. Conversely, Mrs. Perrotti's claims of mental anguish were unsupported, save for her own description of the "black cloud."
Moreover, in Grieco, there was a direct causation between the tortious conduct of the defendant and the plaintiff's diagnosis and symptoms of posttraumatic stress disorder. See Grieco, 813 A.2d at 997. In the present case, the injuries Mrs. Perrotti suffered during the accident, namely a bruise to her chin, a scraped head, and an injured knee, have no impact in a claim for negligent infliction of emotional distress. In addition, we hold that Mrs. Perrotti's testimony that as the result of the accident she had "a b
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