Legal Memorandum on Intentional Infliction of Emotional Distress

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Memorandum of Law Statement of Assignment: You have asked me to prepare a legal memorandum on the question of whether our client can gain relief from intentional infliction of emotional distress occurring from witnessing a friend¡¦s child being injured by a vehicle that is out of control due to being driven at a high rate of speed through a school zone. Pursuant to your request, this memo includes an analysis of the relevant state and federal law. Issue: Under Kentucky tort law, does intentional infliction of emotional distress occur when a person suffers severe insomnia and anxiety as a result of witnessing a friend¡¦s child being injured by a vehicle that is out of control due to being driven at a high rate of speed through a school zone? Brief Answer: No. Under Kentucky tort law, no recovery can be had for personal injury resulting from fright occasioned by negligence of another, where there is no immediate personal injury, trespass to real estate, or some contract relation. Furthermore, a cause of action will not lie in favor of a woman for pain and suffering resulting solely from fright, unaccompanied by physical injury, superinduced by one who without seeing her or knowing of her presence, and without trespassing on her premises, assaulted a third person. Also, the long-standing rule in this jurisdiction is that in negligence cases there can be no recovery for fright, shock, or mental anguish which is unaccompanied by physical contact or injury. Statement of Facts: On April 14, Ida Carry was in her front yard, across the street from Roosevelt Elementary School, and children were playing in the playground. She heard the crossing guard¡¦s whistle blow and tires squealing. ... ... middle of paper ... ...ted to her. Although she was undeniably injured and her suffering is provable, she cannot establish that she was injured directly by Bob Barton¡¦s actions. The relevant case law for this situation comes from several cases from Kentucky: 761 S.W.2d 625, 597 S.W.2d 141, 147 S.W. 742, 112 S.W. 600, and 77 S.W. 361 among others. These cases establish the law as defined by the courts that without physical contact a claim for negligence cannot be reputable. Recommendations: It is recommended that our law office regretfully deny service to Ms. Carry based upon the precedent in Kentucky. Based upon the analysis the issue, it is apparent that Ms. Carry would not receive a promising conclusion to her situation. Due to the facts involved and the cases discussed (which are somewhat on point) Ms. Carry does not make a claim in which relief can be granted.

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