emotional distress claim in Indiana

2025See, e.g., Dollar Inn, Inc. v. Slone, 695 N.E.2d 185, 189 (Ind. Ct. App. 1998) (plaintiff need not prove actual exposure to communicable disease to support an emotional-distress claim).

2025Indiana Supreme Court | Case No. 23S-CT-277 | January 9, 2025 Page 6 of 34 Mindful of what the statute says and what it doesn’t say, we “avoid interpretations that depend on selective reading of individual words that lead to irrational and disharmonizing results.” Id. (internal citation and quotation marks omitted).

2010Id. (citing Bader v. Johnson, 782 N.E.2d 1212 , 1221 (Ind.2000) (finding that moth *392 er's continued pregnancy and the physical transformation that her body underwent satisfied the direct impact requirement) (citing Alexander v. Scheid, 726 N.E.2d 272, 288-284 (Ind.2000) (holding that patient suffering from the destruction of healthy lung tissue due to physician's failure to diagnose cancer was sufficient for negligent infliction of emotional distress); Holloway v. Bob Evans Farms, Inc., 695 N.E.2d 991, 996 (Ind.Ct.App.1998) (concluding that restaurant patron's ingestion of a portion of vege

2006Bader v. Johnson, 732 N.E.2d 1212, 1221 (Ind.2000) (finding that mother's continued pregnancy and the physical transformation that her body underwent satisfied the direct impact requirement) (citing Alexander v. Scheid, 726 N.E.2d 272, 283-84 (Ind.2000) (holding that patient suffering from the destruction of healthy lung tissue due to physician's failure to diagnose cancer was sufficient for negligent infliction of emotional distress); Holloway v. Bob Evans Farms, Inc., 695 N.E.2d 991, 996 (Ind.Ct.App.1998), trams. not sought (concluding that restaurant patron's ingestion of a portion of veget

2010Id. (citing Bader v. Johnson, 782 N.E.2d 1212 , 1221 (Ind.2000) (finding that moth *392 er's continued pregnancy and the physical transformation that her body underwent satisfied the direct impact requirement) (citing Alexander v. Scheid, 726 N.E.2d 272, 288-284 (Ind.2000) (holding that patient suffering from the destruction of healthy lung tissue due to physician's failure to diagnose cancer was sufficient for negligent infliction of emotional distress); Holloway v. Bob Evans Farms, Inc., 695 N.E.2d 991, 996 (Ind.Ct.App.1998) (concluding that restaurant patron's ingestion of a portion of vege

2006Bader v. Johnson, 732 N.E.2d 1212, 1221 (Ind.2000) (finding that mother's continued pregnancy and the physical transformation that her body underwent satisfied the direct impact requirement) (citing Alexander v. Scheid, 726 N.E.2d 272, 283-84 (Ind.2000) (holding that patient suffering from the destruction of healthy lung tissue due to physician's failure to diagnose cancer was sufficient for negligent infliction of emotional distress); Holloway v. Bob Evans Farms, Inc., 695 N.E.2d 991, 996 (Ind.Ct.App.1998), trams. not sought (concluding that restaurant patron's ingestion of a portion of veget

2020Id. (quoting Shuamber v. Henderson, 579 N.E.2d 452, 456 (Ind. 1991)). [34] The supreme court further pointed out that “when the courts have been satisfied that the facts of a particular case are such that the alleged mental anguish was not likely speculative, exaggerated, fictitious, or unforeseeable, then the claimant has been allowed to proceed with an emotional distress claim for Court of Appeals of Indiana | Opinion 19A-CT-1262 | July 29, 2020 Page 18 of 21 damages even though the physical impact was slight, or the evidence of physical impact seemed to have been rather tenuous.” Bader, 732

2020Id. (quoting Shuamber v. Henderson, 579 N.E.2d 452, 456 (Ind. 1991)). [34] The supreme court further pointed out that “when the courts have been satisfied that the facts of a particular case are such that the alleged mental anguish was not likely speculative, exaggerated, fictitious, or unforeseeable, then the claimant has been allowed to proceed with an emotional distress claim for Court of Appeals of Indiana | Opinion 19A-CT-1262 | July 29, 2020 Page 18 of 21 damages even though the physical impact was slight, or the evidence of physical impact seemed to have been rather tenuous.” Bader, 732

2007Co. v. Hugh, 501 N.W.2d 508, 511 (Iowa 1993) (emphasis original)).

2007Co. v. Hugh, 501 N.W.2d 508, 511 (Iowa 1993) (emphasis original)).

2025The Patients’ emotional-distress claim sufficiently alleges a “bodily injury.” Even if we were to read the Statute as restricting malpractice complaints to those alleging “bodily injury or death,” we find the Patients’ emotional-distress claim sufficiently alleges such a “bodily injury.” Under Indiana Supreme Court | Case No. 23S-CT-277 | January 9, 2025 Page 19 of 34 the modified-impact rule, a plaintiff may recover damages for emotional distress when he or she “sustains a direct impact by the negligence of another and” because “of that direct involvement sustains an emotional trauma” serious

2020Id. (quoting Shuamber v. Henderson, 579 N.E.2d 452, 456 (Ind. 1991)). [34] The supreme court further pointed out that “when the courts have been satisfied that the facts of a particular case are such that the alleged mental anguish was not likely speculative, exaggerated, fictitious, or unforeseeable, then the claimant has been allowed to proceed with an emotional distress claim for Court of Appeals of Indiana | Opinion 19A-CT-1262 | July 29, 2020 Page 18 of 21 damages even though the physical impact was slight, or the evidence of physical impact seemed to have been rather tenuous.” Bader, 732

2025Of course, the “direct physical impact” necessary to support an emotional-distress claim “need not cause a physical injury to the plaintiff and the emotional trauma suffered by the plaintiff need not result from a physical injury caused by the impact.” Conder v. Wood, 716 N.E.2d 432, 434 (Ind. 1999).

2025Of course, the “direct physical impact” necessary to support an emotional-distress claim “need not cause a physical injury to the plaintiff and the emotional trauma suffered by the plaintiff need not result from a physical injury caused by the impact.” Conder v. Wood, 716 N.E.2d 432, 434 (Ind. 1999).

2025In Kroger, for example, the Court of Appeals found sufficient evidence to support an emotional-distress claim where the plaintiff sustained a slight “prick” to the back of her throat from a small needle lodged in her food—an injury that required no medical attention and left no scarring.10 Id. at 203–04, 375 N.E.2d at 642–43.

2025In Kroger, for example, the Court of Appeals found sufficient evidence to support an emotional-distress claim where the plaintiff sustained a slight “prick” to the back of her throat from a small needle lodged in her food—an injury that required no medical attention and left no scarring.10 Id. at 203–04, 375 N.E.2d at 642–43.