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6 Oregon opinions name it 2 courts 2018–2025 5 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.
| Case | Followed | Cited |
|---|---|---|
Tomlinson v. Metropolitan Pediatrics, LLCgreen2 sentences2024Pediatrics, LLC, 362 Or 431, 452 , 412 P3d 133 (2018) (“[A] lthough emotional distress is not always a sufficient injury to establish a negligence claim, if the plaintiff establishes a negligence claim based on physical injury or the invasion of some other legally protected interest, then, generally speak- ing, the pain for which recovery is allowed includes virtually any form of conscious suffering, both emotional and physical.” (Emphasis added.)). 2024Pediatrics, LLC, 362 Or 431, 452 , 412 P3d 133 (2018) (“[A] lthough emotional distress is not always a sufficient injury to establish a negligence claim, if the plaintiff establishes a negligence claim based on physical injury or the invasion of some other legally protected interest, then, generally speak- ing, the pain for which recovery is allowed includes virtually any form of conscious suffering, both emotional and physical.” (Emphasis added.)). | 2 | 3 |
Philibert v. Klusergreen2 sentences2022Tomlinson v. Metropolitan Pediatrics, LLC, 362 Or 431, 452 , 412 P3d 133 (2018) (internal quotation marks omitted).1 In Philibert v. Kluser, 360 Or 698 , 385 P3d 1038 (2016), the Supreme Court set out the framework for determining the existence of a “legally protected interest,” the violation of which may support a claim for negligent infliction of emotional distress. 2022Tomlinson v. Metropolitan Pediatrics, LLC, 362 Or 431, 452 , 412 P3d 133 (2018) (internal quotation marks omitted).1 In Philibert v. Kluser, 360 Or 698 , 385 P3d 1038 (2016), the Supreme Court set out the framework for determining the existence of a “legally protected interest,” the violation of which may support a claim for negligent infliction of emotional distress. | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Scott v. Kesselring
green
2 sentences2025Scott, 370 Or at 17 . i.e., harm resulting from a risk that the defendant did not create. 2025Scott, 370 Or at 17 . i.e., harm resulting from a risk that the defendant did not create. | 2 | 2025–2025 |