nied claim (Pennsylvania) · Go Syfert
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nied claim in Pennsylvania

7 Pennsylvania opinions name it 4 courts 2005–2015 0 in the last five years

The cases below were cited by Pennsylvania 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 (5)

CaseFollowedCited
Love v. Cramergreen
pasuperct · 1992 · cited in 3 Pennsylvania opinions naming this issue, 2012–2015
2 sentences

2014Love, 606 A.2d at 1179 . [Appellant] neither averred any discrete, identifiable traumatic incident that would give rise to a NIED claim nor alleged that he sustained any physical harm, so he cannot maintain a claim for NIED.

2014Love, 606 A.2d at 1179 . [Appellant] neither averred any discrete, identifiable traumatic incident that would give rise to a NIED claim nor alleged that he sustained any physical harm, so he cannot maintain a claim for NIED.

13
Sinn v. Burdgreen
pa · 1979 · cited in 1 Pennsylvania opinions naming this issue, 2012–2012
2 sentences

2012Sinn v. Burd, 486 Pa. 146, 170-171 , 404 A.2d 672, 685 (1979).

2012Sinn v. Burd, 486 Pa. 146, 170-171 , 404 A.2d 672, 685 (1979).

11
Toney v. Chester County Hospitalgreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2012–2012
2 sentences

2012The result in Toney v. Chester County Hosp., 961 A.2d 192, 198 (Pa.Super.2008) (era banc), order aff'd by equally divided court, 36 A.3d 83 (Pa.2011), which dealt with an NIED claim, does not change our conclusion that witnessing the event is required for an IIED claim, as per the Restatement text above.

2012The result in Toney v. Chester County Hosp., 961 A.2d 192, 198 (Pa.Super.2008) (era banc), order aff'd by equally divided court, 36 A.3d 83 (Pa.2011), which dealt with an NIED claim, does not change our conclusion that witnessing the event is required for an IIED claim, as per the Restatement text above.

11
Brown v. Philadelphia College of Osteopathic Medicinegreen
pasuperct · 1996 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
2 sentences

2011Similarly, she suggests that the Superior Court in Brown v. Philadelphia College of Osteopathic Medicine, 449 Pa.Super. 667 , 674 A.2d 1130, 1184 (1996), strained to uphold a plaintiffs verdict on her NIED claim based upon an impact rule analysis, where the impact was slight.

2011Similarly, she suggests that the Superior Court in Brown v. Philadelphia College of Osteopathic Medicine, 449 Pa.Super. 667 , 674 A.2d 1130, 1184 (1996), strained to uphold a plaintiffs verdict on her NIED claim based upon an impact rule analysis, where the impact was slight.

11
Hoy v. Angelonegreen
pa · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2005–2005
2 sentences

2005Relying upon the Restatement (Second) of Torts §46(1), the Pennsylvania Supreme Court defined TIED by stating “[o]ne who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other re- suits from it, for such bodily harm.” Hoy v. Angelone, 554 Pa. 134, 150 , 720 A.2d 745, 753 (1998).

2005Relying upon the Restatement (Second) of Torts §46(1), the Pennsylvania Supreme Court defined TIED by stating “[o]ne who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other re- suits from it, for such bodily harm.” Hoy v. Angelone, 554 Pa. 134, 150 , 720 A.2d 745, 753 (1998).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Bloom v. DuBois Regional Medical Center green
pasuperct · 1991
2 sentences

2015Id. at 682 .

2015Id.

12015–2015
Riffe v. Vereb Ambulance Service, Inc. neutral
pasuperct · 1994
2 sentences

2015Id. at 1077 .

2015Id. at 1077 .

12015–2015
Grant v. Pennsylvania Board of Probation & Parole green
pa · 2011
2 sentences

2012The result in Toney v. Chester County Hosp., 961 A.2d 192, 198 (Pa.Super.2008) (era banc), order aff'd by equally divided court, 36 A.3d 83 (Pa.2011), which dealt with an NIED claim, does not change our conclusion that witnessing the event is required for an IIED claim, as per the Restatement text above.

2012The result in Toney v. Chester County Hosp., 961 A.2d 192, 198 (Pa.Super.2008) (era banc), order aff'd by equally divided court, 36 A.3d 83 (Pa.2011), which dealt with an NIED claim, does not change our conclusion that witnessing the event is required for an IIED claim, as per the Restatement text above.

12012–2012
Pasquale v. Speed Products Engineering green
ill · 1995
2 sentences

2011Id., 211 IlLDec. 314, 654 N.E.2d at 1372-73 .

2011Id., 211 IlLDec. 314, 654 N.E.2d at 1372-73 .

12011–2011

Where else courts name it

ME 32 (1992–2022) CA 16 (1998–2026) NC 16 (1993–2026) HI 13 (1994–2025) WA 11 (2006–2019) AK 10 (1992–2025) PA 7 (2005–2015) TN 7 (2012–2023) VT 4 (2016–2025) IL 4 (1995–2021) NV 3 (1999–2020) MI 3 (2016–2022) NM 3 (1998–2009) NY 3 (2024–2025) ID 3 (2013–2026) NJ 3 (2015–2018) MN 2 (2005–2015) LA 2 (2014–2015) AZ 2 (2024–2024) UT 2 (2019–2024) IN 2 (2010–2024)

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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