physical impact rule (Oregon) · Go Syfert
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physical impact rule in Oregon

5 Oregon opinions name it 2 courts 2002–2018 0 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Hammond v. Central Lane Communications Centergreen
or · 1991 · cited in 2 Oregon opinions naming this issue, 2002–2015
2 sentences

2015As pertinent here, a plaintiff may recover for purely psychic injury “where the defendant’s conduct infringed on some legally protected interest apart from causing the claimed distress ***.” Hammond, 312 Or at 23 (emphasis added); see also Phillips v. Lincoln County School District, 161 Or App 429, 432-33 , 984 P2d 947 (1999) (“[T]he term ‘legally protected interest’ refers to an independent basis of liability separate from the general duty to avoid foreseeable risk of harm.”); Curtis v. MRI Imaging Services II, 148 Or App 607, 612-18 , 941 P2d 602 (1997), aff’d on other grounds, 327 Or 9 , 95

2002See Hammond v. Central Lane Communications Center, 312 Or 17, 22-23 , 816 P2d 593 (1991) (reaffirming Oregon’s adherence to the physical impact rule and noting exceptions to it).

22
Rustvold v. Taylorgreen
orctapp · 2000 · cited in 2 Oregon opinions naming this issue, 2002–2003
2 sentences

2003See Rustvold v. Taylor, 171 Or App 128, 137 , 14 P3d 675 (2000); Curtis v. MRI Imaging Services II, 148 Or App 607, 612 , 941 P2d 602 (1997), affd on other grounds 327 Or 9 , 956 P2d 960 (1998).

2003See Rustvold v. Taylor, 171 Or App 128, 137 , 14 P3d 675 (2000); Curtis v. MRI Imaging Services II, 148 Or App 607, 612 , 941 P2d 602 (1997), affd on other grounds 327 Or 9 , 956 P2d 960 (1998).

22
Curtis v. MRI IMAGING SERVICES IIgreen
orctapp · 1997 · cited in 3 Oregon opinions naming this issue, 2002–2015
2 sentences

2015As pertinent here, a plaintiff may recover for purely psychic injury “where the defendant’s conduct infringed on some legally protected interest apart from causing the claimed distress ***.” Hammond, 312 Or at 23 (emphasis added); see also Phillips v. Lincoln County School District, 161 Or App 429, 432-33 , 984 P2d 947 (1999) (“[T]he term ‘legally protected interest’ refers to an independent basis of liability separate from the general duty to avoid foreseeable risk of harm.”); Curtis v. MRI Imaging Services II, 148 Or App 607, 612-18 , 941 P2d 602 (1997), aff’d on other grounds, 327 Or 9 , 95

2015As pertinent here, a plaintiff may recover for purely psychic injury “where the defendant’s conduct infringed on some legally protected interest apart from causing the claimed distress ***.” Hammond, 312 Or at 23 (emphasis added); see also Phillips v. Lincoln County School District, 161 Or App 429, 432-33 , 984 P2d 947 (1999) (“[T]he term ‘legally protected interest’ refers to an independent basis of liability separate from the general duty to avoid foreseeable risk of harm.”); Curtis v. MRI Imaging Services II, 148 Or App 607, 612-18 , 941 P2d 602 (1997), aff’d on other grounds, 327 Or 9 , 95

13
Bader v. Johnsongreen
ind · 2000 · cited in 1 Oregon opinions naming this issue, 2018–2018
2 sentences

2018See Dobbs, 2 Law of Remedies § 8.2 at 414 (discussing limits and collecting cases); see, e.g. , Bader v. Johnson , 732 N.E.2d 1212 , 1222 (Ind. 2000) (allowing mother to recover emotional distress damages, but not father, because mother satisfied the physical-impact rule); cf. Philibert , 360 Or. at 708 -11 , 385 P.3d 1038 (discussing limits).

2018See Dobbs, 2 Law of Remedies § 8.2 at 414 (discussing limits and collecting cases); see, e.g. , Bader v. Johnson , 732 N.E.2d 1212 , 1222 (Ind. 2000) (allowing mother to recover emotional distress damages, but not father, because mother satisfied the physical-impact rule); cf. Philibert , 360 Or. at 708 -11 , 385 P.3d 1038 (discussing limits).

11
Chouinard v. Health Venturesgreen
orctapp · 2002 · cited in 1 Oregon opinions naming this issue, 2015–2015
2 sentences

2015“At a minimum, the physical impact rule requires an act or omission that results in some perceptible physical effect on a plaintiff.” Chouinard v. Health Ventures, 179 Or App 507, 515 , 39 P3d 951 (2002). “[T]he fact that a defendant’s negligence poses a threat of future physical harm is not sufficient, standing alone, to constitute an actionable injury.” Lowe v. Philip Morris USA, Inc., 344 Or 403, 410 , 183 P3d 181 (2008).

2015“At a minimum, the physical impact rule requires an act or omission that results in some perceptible physical effect on a plaintiff.” Chouinard v. Health Ventures, 179 Or App 507, 515 , 39 P3d 951 (2002). “[T]he fact that a defendant’s negligence poses a threat of future physical harm is not sufficient, standing alone, to constitute an actionable injury.” Lowe v. Philip Morris USA, Inc., 344 Or 403, 410 , 183 P3d 181 (2008).

11
Simons v. Beardgreen
orctapp · 2003 · cited in 1 Oregon opinions naming this issue, 2015–2015
2 sentences

2015See Simons v. Beard, 188 Or App 370, 377 , 72 P3d 96 (2003) (holding that the plaintiff had satisfied the physical impact rule because her allegations permitted the factfinder, on proof of the allegations in the operative complaint, to find that, but for the defendant’s negligence, the plaintiff “would not have experienced the physical trauma of her unnecessarily protracted and ultimately futile labor”).

2015See Simons v. Beard, 188 Or App 370, 377 , 72 P3d 96 (2003) (holding that the plaintiff had satisfied the physical impact rule because her allegations permitted the factfinder, on proof of the allegations in the operative complaint, to find that, but for the defendant’s negligence, the plaintiff “would not have experienced the physical trauma of her unnecessarily protracted and ultimately futile labor”).

11
Phillips v. Lincoln County School Districtgreen
orctapp · 1999 · cited in 1 Oregon opinions naming this issue, 2015–2015
2 sentences

2015As pertinent here, a plaintiff may recover for purely psychic injury “where the defendant’s conduct infringed on some legally protected interest apart from causing the claimed distress ***.” Hammond, 312 Or at 23 (emphasis added); see also Phillips v. Lincoln County School District, 161 Or App 429, 432-33 , 984 P2d 947 (1999) (“[T]he term ‘legally protected interest’ refers to an independent basis of liability separate from the general duty to avoid foreseeable risk of harm.”); Curtis v. MRI Imaging Services II, 148 Or App 607, 612-18 , 941 P2d 602 (1997), aff’d on other grounds, 327 Or 9 , 95

2015As pertinent here, a plaintiff may recover for purely psychic injury “where the defendant’s conduct infringed on some legally protected interest apart from causing the claimed distress ***.” Hammond, 312 Or at 23 (emphasis added); see also Phillips v. Lincoln County School District, 161 Or App 429, 432-33 , 984 P2d 947 (1999) (“[T]he term ‘legally protected interest’ refers to an independent basis of liability separate from the general duty to avoid foreseeable risk of harm.”); Curtis v. MRI Imaging Services II, 148 Or App 607, 612-18 , 941 P2d 602 (1997), aff’d on other grounds, 327 Or 9 , 95

11
State v. Northgreen
orctapp · 1992 · cited in 1 Oregon opinions naming this issue, 2002–2002
1 sentence

2002See Rustvold v. Taylor, 111 Or App 128, 137, 14 P3d 675 (2000); Curtis v. MRI Imaging Services II, 148 Or App 607, 612 , 941 P2d 602 (1997), aff'd on other grounds 327 Or 9 , 956 P2d 960 (1998).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Curtis v. MRI IMAGING SERVICES II green
or · 1998
2 sentences

2015As pertinent here, a plaintiff may recover for purely psychic injury “where the defendant’s conduct infringed on some legally protected interest apart from causing the claimed distress ***.” Hammond, 312 Or at 23 (emphasis added); see also Phillips v. Lincoln County School District, 161 Or App 429, 432-33 , 984 P2d 947 (1999) (“[T]he term ‘legally protected interest’ refers to an independent basis of liability separate from the general duty to avoid foreseeable risk of harm.”); Curtis v. MRI Imaging Services II, 148 Or App 607, 612-18 , 941 P2d 602 (1997), aff’d on other grounds, 327 Or 9 , 95

2015As pertinent here, a plaintiff may recover for purely psychic injury “where the defendant’s conduct infringed on some legally protected interest apart from causing the claimed distress ***.” Hammond, 312 Or at 23 (emphasis added); see also Phillips v. Lincoln County School District, 161 Or App 429, 432-33 , 984 P2d 947 (1999) (“[T]he term ‘legally protected interest’ refers to an independent basis of liability separate from the general duty to avoid foreseeable risk of harm.”); Curtis v. MRI Imaging Services II, 148 Or App 607, 612-18 , 941 P2d 602 (1997), aff’d on other grounds, 327 Or 9 , 95

32002–2015
Philibert v. Kluser green
or · 2016
2 sentences

2018See Dobbs, 2 Law of Remedies § 8.2 at 414 (discussing limits and collecting cases); see, e.g. , Bader v. Johnson , 732 N.E.2d 1212 , 1222 (Ind. 2000) (allowing mother to recover emotional distress damages, but not father, because mother satisfied the physical-impact rule); cf. Philibert , 360 Or. at 708 -11 , 385 P.3d 1038 (discussing limits).

2018See Dobbs, 2 Law of Remedies § 8.2 at 414 (discussing limits and collecting cases); see, e.g. , Bader v. Johnson , 732 N.E.2d 1212 , 1222 (Ind. 2000) (allowing mother to recover emotional distress damages, but not father, because mother satisfied the physical-impact rule); cf. Philibert , 360 Or. at 708 -11 , 385 P.3d 1038 (discussing limits).

12018–2018
Lowe v. Philip Morris USA, Inc. green
or · 2008
2 sentences

2015“At a minimum, the physical impact rule requires an act or omission that results in some perceptible physical effect on a plaintiff.” Chouinard v. Health Ventures, 179 Or App 507, 515 , 39 P3d 951 (2002). “[T]he fact that a defendant’s negligence poses a threat of future physical harm is not sufficient, standing alone, to constitute an actionable injury.” Lowe v. Philip Morris USA, Inc., 344 Or 403, 410 , 183 P3d 181 (2008).

2015“At a minimum, the physical impact rule requires an act or omission that results in some perceptible physical effect on a plaintiff.” Chouinard v. Health Ventures, 179 Or App 507, 515 , 39 P3d 951 (2002). “[T]he fact that a defendant’s negligence poses a threat of future physical harm is not sufficient, standing alone, to constitute an actionable injury.” Lowe v. Philip Morris USA, Inc., 344 Or 403, 410 , 183 P3d 181 (2008).

12015–2015
Metro-North Commuter Railroad v. Buckley green
scotus · 1997
2 sentences

2006Co. v. Buckley, 521 US 424, 433 , 117 S Ct 2113, 2119 , 138 L Ed 2d 560 (1997) (explaining that common-law courts employ rules such as the physical impact rule in order to separate valid, important claims from those that are invalid and to avoid the threat of “unlimited and unpredictable liability”).

2006Co. v. Buckley, 521 US 424, 433 , 117 S Ct 2113, 2119 , 138 L Ed 2d 560 (1997) (explaining that common-law courts employ rules such as the physical impact rule in order to separate valid, important claims from those that are invalid and to avoid the threat of “unlimited and unpredictable liability”).

12006–2006

Where else courts name it

GA 10 (1997–2025) PA 9 (1985–2021) IN 8 (1994–2012) FL 6 (1983–2020) OR 5 (2002–2018) NV 4 (1993–2021) WA 3 (1993–2024) NJ 3 (1988–2011) MD 3 (1974–2021) MS 2 (1982–2002) TX 2 (1995–2020) DC 2 (1993–2011) KY 2 (2013–2017) ME 2 (1979–1986) TN 2 (1996–2017) IL 2 (2019–2019) KS 2 (1994–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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