5 Florida opinions name it 1 courts 1982–2009 0 in the last five years
The cases below were cited by Florida 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 |
|---|---|---|
Champion v. Graygreen2 sentences2001In Champion v. Gray, 478 So.2d 17 (Fla. 1985), the supreme court modified the rule to allow recovery for emotional or psychological damages when the plaintiff suffered death or a significant discernible physical injury caused by the psychological trauma resulting from witnessing the injury or death of a close family member caused by the negligence of the defendant. [1] Since Champion , the supreme court has recognized other specific situations in which the rule does not apply. 1994Florida strictly followed the requirements of the impact doctrine in precluding recovery for psychic injury alone, until the supreme court modified this principle in Champion v. Gray, 478 So.2d 17, 20 (Fla.1985): We hold that a claim exists for damages flowing from a significant discernible physical injury when such injury is caused by psychic trauma resulting from negligent injury imposed on another who, because of his relationship to the injured party and his involvement in the event causing that injury, is foreseeably injured. | 1 | 3 |
In Re Standard Instruct. in Cr. Cases No. 2007-10green1 sentence2009In re Standard Jury Instructions in Criminal Cases-Report No. 2007-10, 997 So.2d 403, 403 (Fla.2008) (emphasis omitted). | 1 | 1 |
Tanner v. Hartoggreen1 sentence2001See Tanner v. Hartog, 696 So.2d 705, 708 (Fla.1997) (refusing to apply the impact rule in an action for emotional damages resulting from the birth of a stillborn child because of the defendant's negligence); Kush v. Lloyd, 616 So.2d 415 (Fla.1992) (holding that the impact rule does not apply to the tort of wrongful birth; noting that the impact rule does not generally apply in recognized torts where the damages are predominately emotional, such as defamation or invasion of privacy). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kush v. Lloyd
green
1 sentence2001See Tanner v. Hartog, 696 So.2d 705, 708 (Fla.1997) (refusing to apply the impact rule in an action for emotional damages resulting from the birth of a stillborn child because of the defendant's negligence); Kush v. Lloyd, 616 So.2d 415 (Fla.1992) (holding that the impact rule does not apply to the tort of wrongful birth; noting that the impact rule does not generally apply in recognized torts where the damages are predominately emotional, such as defamation or invasion of privacy). | 1 | 2001–2001 |
Ard v. Ard
green
1 sentence1982In Ard v. Ard, 414 So.2d 1066 (Fla. 1982), the Supreme Court modified the doctrine of parental immunity to the extent that the negligent parent is protected by liability insurance, citing to other states which have abolished or limited immunity, and saying: For many of these states, a major justification for this abrogation has been the development and widespread use of liability insurance. | 1 | 1982–1982 |
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.