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PERSONAL INJURY C o r n e r
NEGLIGENT AND INTENTIONAL INFLICTION
OF EMOTIONAL DISTRESS
TED BABBITT
The requirement for impact in Florida is alive
to the directly injured person.”
but not very well. The impact rule is riddled
LeGrande v. Emmanuel, 889 So.
with exceptions. One of those exceptions
2d 991, 995 (Fla. 3d DCA 2004)
is intentional or negligent infliction of
(citing Zell v. Meek, 665So. 2d
emotional distress. The distinction between
1048, 1052 (Fla. 1995).
those two causes of action was discussed
in the recent case of Kendron v. SCI Funeral
Services of Florida, LLC, 42 Fla. L. Weekly In Gonzalez v Metro. Dade Cty. Pub. Health
2584 (Fla. 5th DCA Dec. 8, 2017).
Tr., 651 So. 2d 673, 675 (Fla. 1995) the
Supreme Court held that the mishandling
The Kendron case involved the alleged of a dead body was one of the carved out
mishandling of cremated remains by a exceptions to the impact rule. Here the
funeral home. The trial court had dismissed Fifth District holds that even under those
the allegations of both intentional and circumstances the allegation of emotional
negligent infliction of emotional distress distress is not enough to sustain a claim for
based upon the statute of limitations. The negligent infliction of emotional distress
Fifth District reversed holding that the claim for the mishandling of a dead body. The
for intentional and negligent infliction of Court holds that the emotional distress has
emotional distress did not accrue until the to be “manifested by physical injury.” In
emotional distress was manifested. Thus addition the Court holds that the physical
the four year period only began upon that impairment which accompanies the mental
manifestation which brought the case distress must appear within a relative short
within the applicable four year statute of time after the incident. Eagle-Pitcher
limitations.
Indus. Inc. v Cox, 481 So. 2d 517, 526 (Fla. 3d
DCA 1985).
In discussing the various causes of action,
the Fifth District explained the difference The opinion in Kendron, supra, is somewhat
between negligent and intentional infliction confusing. The underlying facts of the case
of emotional distress. At 2585, the Court involve the mishandling of a dead body
holds
which clearly is an exception to the impact
rule. Another exception to the impact rule
The elements of a cause of
is observing a severe injury to a person with
action for intentional infliction
whom the injured party had a close personal
of emotional distress are: (1)
relationship. Those two exceptions seem to
the wrongdoer’s conduct was
be conflated in the opinion. Nevertheless
intentional or reckless; (2) the
the opinion does explain the difference
conduct was outrageous; (3)
between intentional infliction and negligent
the conduct caused emotional
infliction of emotional distress and clearly
distress; and (4) the emotional
holds that both are exceptions to the impact
distress was severe. Food Lion,
rule.
Inc. v. Clifford, 629 So. 2d 201,
202 (Fla. 5th DCA 1993) (citing
Williams v. City of Minneola,
619 So. 2d 983, 986 (Fla. 5th DCA
1993)). The elements of negligent
infliction of emotional distress
are: “(1) the plaintiff must suffer
a discernable physical injury;
(2) the physical injury must be
NOTE: BECAUSE A NUMBER OF PEOPLE HAVE
caused by the psychological
REQUESTED COPIES OF PAST ARTICLES, A COMPILATION
trauma; (3) the plaintiff must be
OF THESE ARTICLES IS NOW AVAILABLE TO MEMBERS OF
involved in the event causing
THE PALM BEACH COUNTY BAR ASSOCIATION, FREE OF
the negligent injury to another;
CHARGE, BY CALLING [phone].
and (4) the plaintiff must have
a close personal relationship
PALMBEACHBAR.ORG
13
Professor Ehrhardt
“Emerging Issues in
Florida Evidence”
Available by DVD or CD
The
renowned
expert
on
Evidence, Professor Charles
Ehrhardt spoke before the Palm
Beach County Bar Association
last November.
In case you
missed it, his talk on “Emerging
Issues in Florida Evidence”
is available by DVD or CD. To
obtain a copy, please visit the
Bar’s website and click the
“Membership / CLE” link at the
top of the screen.