Friday, March 23, 2012

FALZONE V. BUSCH case brief

FALZONE V. BUSCH
• near-auto accident, plaintiff sues for fright
• court overturns ruling in Ward (no liability without physical injury– that ruling doesn’t hold for three reasons (p. 263):
• the impact requirement had led to ridiculous results (dust in eye)
• courts have to deal with fraud and speculation all the time anyway
• other jurisdictions that have adopted the rule have not been flooded with litigation • plaintiffs still have to prove all the other elements of a tort; must be a reasonable fear of immediate injury with some physical manifestation of the emotional injury
• holding: reversed for plaintiff

No comments:

Post a Comment

The Ins and Outs of Class Action Lawsuits: A Comprehensive Guide

Sometimes, you may buy a product only to find it defective. To make it worse, your search for the product reveals mass complaints. You can ...