PBCBA BAR BULLETINS pbcba_bulletin_February 2019 - Page 22

Past Presidents’ Cocktail Reception F RIDAY , M ARCH 8 5:30 p.m. to 7:00 p.m. L AKE P AVILION - 101 S OUTH F LAGLER D RIVE - W EST P ALM B EACH PBCBA Members $35.00 Spouses $50.00 - Judiciary Complimentary Cocktails and heavy hors d’oeurves will be served RSVP O NLINE @ P ALM B EACH B AR .O RG SAVE THE DATE! Personal Injury (Con’t. from pg 12) from the psychic trauma was considered. The Elliott court was faced with the question of whether headaches, diabetes, sleep apnea, stress, insomnia, anxiety, loss of appetite, hair loss and bowel trouble were the sort of discernible physical injuries discussed in both Champion and Zell. The Appellate Court concluded that these were not sufficient physical injuries to justify a cause of action of negligent infliction of emotional distress. However, the Court emphasized that there was no medical testimony offered to tie these complaints to the psychic trauma. In Langbehn v. Public Health Trust of Miami Dade County, 661 F. Supp 2d 1326 (So. Dist. Fla. 2009), the federal court concluded that stomach pain, nausea, exacerbation of pre- existing multiple sclerosis, nightmares, severe depression, and post-traumatic stress disorder was sufficient to satisfy the impact rule. However, in LeGrand v. Emmanuel, 889 So.2d 991 (Fla. 3rd DCA 2004), the Third District found that exacerbation of pre- existing diabetes and memory loss was wholly insufficient to support a cause of action for negligent infliction of emotional distress. Real Estate (Con’t. from pg 16) In Gonzalez-Jimenez de Ruiz v. U.S., 231 F.Supp. 2d 1187 (M. D. Fla. 2002), the Court concluded that aggravation of pre-existing conditions such as diabetes and asthma were insufficient to satisfy the impact rule in consideration of negligent infliction of emotional distress. Thus, the case law is equivocal about just what kind of injury is necessary to satisfy the Supreme Court’s standards. What is absolutely clear is that medical testimony is necessary to tie the physical injuries to the psychic trauma to survive dismissal. YLS 5KComing Soon March 30th, 2019 PALMBEACHBAR.ORG 22 Harris v. The Bank of New York Mellon, Case No. 2D17-2555 (Fla. 2d DCA 2018). The Second District adopts Madl v. Wells Fargo Bank, N.A., 244 So. 3d 1134 (Fla. 5th DCA 2017) and holds that attorney’s fees may be awarded to a borrower even when a foreclosing lender fails to establish standing. Bank of New York v. Obermeyer, Case No. 3D18-700 (Fla. 3d DCA 2018). Travel costs are typically not awarded as part of an award of attorney’s fees but may be awarded as a sanction. Grant v. Citizens Bank, N.A., Case No. 5D17- 726 (Fla. 5th DCA 2018) (en banc). The Fifth District recedes from Velden v. Nationstar Mortgage, LLC, 234 So. 3d 850 (Fla. 5th DCA 2018), and holds that plaintiffs are not limited to recovering more than five years of damages from date of breach in installment obligation cases