Tennessee Bar Journal, a publication of the Tennessee Bar Association, has published my latest Day on Torts column. The article discusses a recent opinion of the Tennessee Court of Appeals discussing the proximity element of negligent infliction of emotional claims. Enjoy!
Where plaintiffs’ minor daughter was sexually abused by a church staff member, but plaintiffs did not perceive any injury-producing event, dismissal of their negligent infliction of emotional distress claim was affirmed. In Doe v. Bellevue Baptist Church, No. W2022-01350-COA-R3-CV (Tenn. Ct. App. Nov. 7, 2023), plaintiffs brought various claims against…
Where an attorney advised her client in a family law case that her husband’s actions in distributing a video of the client having sex with another man might be criminal and advised the client to make a true report to the police department, the attorney was not liable for any…
In Henderson v. The Vanderbilt University, No. M2016-01876-COA-R9-CV (Tenn. Ct. App. May 31, 2017), the Court of Appeals overturned summary judgment on a negligent infliction of emotional distress claim, holding that “the alleged failure of the defendant hospital to provide care to the plaintiffs’ daughter, despite repeated assurances from the…