context: The "physical injury or impact" rule, however formulated, is a minority rule. Moreover, among those jurisdictions still adhering to the rule, a majority appear to require physical contact to the plaintiff--mere physical manifestations of emotional injury alone are not sufficient.
citation_a.signal: but see
citation_a.parenthetical: defining "physical impact" as actual physical injury resulting from the emotional distress, beyond generalized physi cal symptoms such as headaches and insomnia
citation_a.sentence: See Gottshall, — U.S. at -, 114 S.Ct. at 2406 (“Most jurisdictions have abandoned this test, but at least five States continue to adhere to it;” citing OBGYN Assocs. of Albany v. Littleton, 259 Ga. 663, 665, 386 S.E.2d 146 (1989) (“there must have been actual bodily contact with plaintiff as a result of defendant’s conduct for a claim for emotional distress to lie”); Shuamber v. Henderson, 579 N.E.2d 452, 454 (Ind.1991) (“damages for mental distress or emotional trauma may be recovered only when the distress is accompanied by and results from a physical injury caused by an impact to the person seeking recovery”); Deutsch v. Shein, 597 S.W.2d 141, 146 (Ky.1980) (“it is necessary that the damages for mental distress sought to be recovered be related to, and the direct and natural result of, the physical contact or injury sustained”); Hammond v. Central Lane Communications Ctr., 312 Or. 17, 23, 816 P.2d 593 (1991) (no liability for emotional injury absent accompanying actual or threatened physical harm); but see Anderson v. Scheffler, 242 Kan. 857, 860, 752 P.2d 667 (1988) (defining “physical impact” as actual physical injury resulting from the emotional distress, beyond generalized physi cal symptoms such as headaches and insomnia)).
citation_b.signal: see
citation_b.identifier: 312 Or. 17, 23
citation_b.parenthetical: no liability for emotional injury absent accompanying actual or threatened physical harm
citation_b.sentence: See Gottshall, — U.S. at -, 114 S.Ct. at 2406 (“Most jurisdictions have abandoned this test, but at least five States continue to adhere to it;” citing OBGYN Assocs. of Albany v. Littleton, 259 Ga. 663, 665, 386 S.E.2d 146 (1989) (“there must have been actual bodily contact with plaintiff as a result of defendant’s conduct for a claim for emotional distress to lie”); Shuamber v. Henderson, 579 N.E.2d 452, 454 (Ind.1991) (“damages for mental distress or emotional trauma may be recovered only when the distress is accompanied by and results from a physical injury caused by an impact to the person seeking recovery”); Deutsch v. Shein, 597 S.W.2d 141, 146 (Ky.1980) (“it is necessary that the damages for mental distress sought to be recovered be related to, and the direct and natural result of, the physical contact or injury sustained”); Hammond v. Central Lane Communications Ctr., 312 Or. 17, 23, 816 P.2d 593 (1991) (no liability for emotional injury absent accompanying actual or threatened physical harm); but see Anderson v. Scheffler, 242 Kan. 857, 860, 752 P.2d 667 (1988) (defining “physical impact” as actual physical injury resulting from the emotional distress, beyond generalized physi cal symptoms such as headaches and insomnia)).