Question

The owner of a valuable painting hired professional movers to transport it to an auction house when she decided to sell it. As the movers were carrying it to their van, a window air conditioner that a tenant had been trying to install fell out of his second floor window and crashed through the painting and onto the ground. The owner had been watching from her apartment across the street and saw her painting destroyed. She became extremely upset and needed medical treatment for shock.If the owner brings a claim for negligent infliction of emotional distress against the tenant, is she likely to recover?A Yes, because she suffered physical symptoms from her distress.B Yes, because she was a foreseeable plaintiff.C No, because she was not within the zone of danger.D No, because she suffered no physical impact.

Answer 1

Answer:

No. She suffered no physical impact

Explanation:

Negligent infliction of emotional distress occurs when a person engages in an act that can cause  severe emotional distress to another .

The plaintiff must be able to prove that the act was done willfully or provide an evidence that

• It was a result of defendant's negligence

• Plaintiff suffered emotional distress a direct  result of the action

• The action was foreseeable by the defendant

• The plaintiff was in a danger zone

before he can win a claim.

The question here is how to prove emotional stress? The plaintiff must be able to show a verifiable physical injury that is linked to the emotional distressed suffered.