11 Massachusetts opinions name it 4 courts 1995–2013 0 in the last five years
The cases below were cited by Massachusetts 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 |
|---|---|---|
Countrywide Home Loans, Inc. v. Thitchenergreen1 sentence2009See Countrywide Home Loans, Inc. v. Thitchener, 192 P.3d 243, 249 (Nev. 2008). | 1 | 1 |
Gutierrez v. Massachusetts Bay Transportation Authoritygreen1 sentence2007Auth., 437 Mass. 396, 412 (2002). | 1 | 1 |
Patsos v. First Albany Corp.green1 sentence2007A fiduciary “is a person having a duty, created by his undertaking, to act primarily for the benefit of another in a matter connected with his undertaking.” Patsos v. First Albany Corp., 48 Mass. App. Ct. 266, 272 (1999), quoting Restatement (Second) OF AGENCY §13 comment a (1958). | 1 | 1 |
Payton v. Abbott Labsgreen1 sentence2007To recover on her claim for negligent infliction of emotional distress, the plaintiff must show that Gary’s negligence caused her emotional distress “manifested by objective symptomatology,” and “that a reasonable person would have suffered emotional distress under the circumstances of the case.” Payton v. Abbott Labs, 386 Mass. 540, 556-557 (1982). | 1 | 1 |
Butner v. Department of State Policegreen1 sentence2005See Butner v. Department of State Police, 60 Mass. App. Ct. 461, 470 (2004) (elements of intentional infliction of emotional distress); Gutierrez v. Massachusetts Bay Transp. | 1 | 1 |
Hannon v. Original Gunite Aquatech Pools, Inc.green1 sentence2003We will assume that the award was not intended to include fees incurred in connection with the emotional distress claim (Count II). 11 See, e.g., Hannon v. Original Gunite Aquatech Pools, Inc., 385 Mass. 813, 828-829 (1982) (contract provision allowing recovery for fees and expenses incurred by either party as a result of actions or proceedings brought to determine or enforce either party’s rights under a contract, or to enforce collection of payments required under the contract, did not permit the defendant to recover fees and expenses “attributable to litigation of the issues raised by [plai | 1 | 1 |
Foley v. Polaroid Corp.green1 sentence1997Foley v. Polaroid Corp., 400 Mass. 82, 99 (1987). | 1 | 1 |
Allstate Insurance v. Diamantgreen1 sentence1995Co. v. Diamant, supra (“We have . . . construed the words ‘bodily injury’ in an insurance policy to exclude the coverage of mental pain . . .”). 4 The plaintiff argues that, because the emotional distress claim is independent of the wrongful death claim and seeks recovery for injuries to a different person than the wrongful death claim, it should not be subject to the same “per person” limit as the wrongful death claim. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sullivan v. Boston Gas Co.
green
2 sentences2007In Sullivan, supra at 131-132 , the physical manifestations claimed were post traumatic stress disorder, headaches, sleeplessness, gastrointestinal distress, nightmares and depression. 1999Sullivan v. Boston Gas Co., 414 Mass. at 137-38 . | 2 | 1999–2007 |
Scott v. Garfield
green
1 sentence2013Scott v. Garfield, 454 Mass. 790 , 7ff | 1 | 2013–2013 |
Cohen v. McDonnell Douglas Corp.
green
2 sentences1997In Cohen v. McDonnell Douglas Corp., 389 Mass. 327 (1983), the Supreme Judicial Court rejected an emotional distress claim because the claimant’s decedent did not observe defendant’s negligence firsthand, but rather suffered merely from the anguish that one ordinarily experiences upon learning of the death or injury to a loved one. 1997Id. at 343 . | 1 | 1997–1997 |
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.