Chowdhry v. NLVH, Inc., 109 Nev. 478, 851 P.2d 459 (1993). Generally, the compensation for such claims should be proportional to the seriousness of the emotional injuries. The doctrine of proximate cause, as a limit on liability, applies to every tort action. Being involved in an auto accident in Las Vegas can have a lasting effect on your mental state. Sep 2022. The court subtracted $8,120 of the $29,000 from the personal injury award. In certain instances, the symptoms of emotional distress can have lengthy recovery periods and require professional help to resolve. Under the State's proposal, this judgment would be reduced to $50,000 before the $75,000 received for the release was subtracted. The icy road was not sanded until after the fatal crash. Under these facts, it was entirely foreseeable that the drug would significantly harm the actual patient and that a close relative would continue administration until the ultimate catastrophic effect was realized. Yet we cannot let the difficulties of adjudication frustrate the principle that there be a remedy for every substantial wrong. 555, 380 N.E.2d 1295 (1978); Corso v. Merrill, 119 N.H. 647, 406 A.2d 300 (1979); Whetham v. Bismarck Hospital, 197 N.W.2d 678 (N.D. 1972); Schultz v. Barberton Glass Co., 4 Ohio St.3d 131, 447 N.E.2d 109 (1983); Sinn v. Burd, 486 Pa. 146, 404 A.2d 672 (1979); Garrett by Kravit v. City of New Berlin, 122 Wis.2d 223, 362 N.W.2d 137 (1985). Their car reached Golconda Summit at about 7:00 p.m. The California Supreme Court rejected the zone of danger rule in Dillon v. Legg, 68 Cal. WebThe tort of negligent infliction of emotional distress ( NIED) is a controversial cause of action, which is available in nearly all U.S. states but is severely constrained and limited in the majority of them. When she asked the patrolman about her baby, he just shook his head. Illinois - Plaintiff must establish that he or she suffered physical injury or illness as a result of emotional distress experienced directly or as a bystander within a zone of physical danger. However, courts struggle to quantify emotional harm in negligent infliction of emotional distress cases. Many states replaced the impact rule with the "zone of danger" rule to limit recovery for emotional distress. WebNEGLIGENCEINFLICTION OF SEVERE EMOTIONAL DISTRESS. We therefore reject the zone of danger rule as unnecessary to delineate liability under this cause of action. 1984) (family members of victim could not recover for emotional distress from witnessing death of victim where the jury found victim 75% negligent and the defendant 25% negligent under a comparative negligence statute similar to NRS 41.141). Id. The Eatons reached the crest of Golconda without difficulty. See, e.g., Blue v. Renassance Alliance., Superior Court, judicial district of New Haven at Meriden, Docket No. 1 Connecticut courts have not recognized a cause of action for negligent infliction of emotional distress based solely on damage to property. Sign up for our free summaries and get the latest delivered directly to you. This site is protected by reCAPTCHA and the Google. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. Mr. Cohans representative clients have included: Wal-Mart Stores, Inc., Sams West, Inc., MGM Grand Resorts International, New York-New York Hotel & Casino, Mandalay Corp., The Treasure Island Hotel and Casino, The Cosmopolitan of Las Vegas, The Mirage Casino-Hotel, South Point Hotel & Casino, American Express, Barclays, US Bank, Wells Fargo, Citibank, and various life insurance companies and service providers. Grotts v. Zahner, 115 Nev. 339, 342, 989 P.2d 415, 417 (1999). You can explore additional available newsletters here. Chrystal's complaint alleged damages for emotional distress caused by witnessing the death of Amber. 647, 207 N.W.2d 140 (1973); Sinn v. Burd, 486 Pa. 146, 404 A.2d 672; D'Ambra v. United States, 114 R.I. 643, 338 A.2d 524 (1975); Landreth v. Reed, 570 S.W.2d 486 (Tex.Civ.App. Negligent Infliction of Emotional Distress: Overview The tort of NIED may apply to situations where someone suffers some mental or emotional harm (e.g. Chrystal heard Ron screaming but could not believe that Amber was dead. it must have been foreseeable that the defendant's negligent conduct would have caused the plaintiff emotional harm. In Dillon v. Legg, a young girl was killed by being struck by a car negligently driven by the defendant. The distress must either result from a physical injury or be so egregious that it results in physical symptoms. WebOn January 11, 1980, Ron and Chrystal Eaton and their thirteen-month-old daughter, Amber, were traveling west on Interstate 80 between Battle Mountain and Winnemucca, Nevada. *1374 The State argues that the court should have reduced the award on each claim to the maximum under NRS 41.035(1) before subtracting the amount Chrystal received for releasing the other codefendants. Dillon v. Legg, 441 P.2d at 916; Portee v. Jaffee, 84 N.J. 88, 417 A.2d 521, 528 (1980). The Dillon court denied that the zone of danger rule had to be invoked to limit liability. After proceeding to trial against the State, the plaintiff may obtain a $1 million judgment. Proving that a plaintiff has suffered emotional distress damages due to a traumatic experience is difficult, but an experienced lawyer will walk you through what methods are best. California - Negligent conduct that causes plaintiff to reasonably fear for his or her safety may sue for the resulting shock and nervous distress, even in the absence of actual impact. The car slid on the black ice. 860 (N.J. 1906) (dust in eye); Morton v. Stack, 122 Ohio St. 115, 170 N.E. The "impact rule" is only followed in a few states. Some states address NIED through statute, but typically only to provide immunity to certain people (such as police officers or fire fighters). Having a written or verbal testimony from a qualified doctor or psychologist will further strengthen your emotional distress lawsuit. In Nevada, you must prove the manifestation of physical symptoms to prove this cause of action. "[8]Corso v. Merrill, 406 A.2d at 306. Depending on the state, the facts of an NIED claim must adhere to either the "impact" rule, the "zone of danger" rule, or the "foreseeability" rule in order for it to be valid: State courts have very different interpretations of negligent infliction of emotional distress, and most limit the use of this tort. Whether thats litigation in state or federal trial and appellate courts in Nevada; investigations and enforcement actions before government agencies; or mediation, arbitration, and regulatory agency proceedings. All rights reserved. 6718 W. Sunset Rd., Suite 150Las Vegas, Nevada 89118, (888) 424-2736(702) 357-9611cohan@cohanpllc.com. In this article, we'll discuss how an NIED claim works. The trucks were slipping on the black ice. Bovsun v. Sanperi, 61 N.Y.2d 219, 473 N.Y.S.2d 357, 362, 461 N.E.2d 843, 848 (1983) (quoting Tobin v. Grossman, 24 N.Y.2d 609, 30 N.Y.S.2d 554, 559, 249 N.E.2d 419, 424 (1969)). An example could be a prank where a person pretends someones child has died. Because an NIED claim could potentially turn into a claim simply for "hurt feelings," there are usually two other requirements for a successful NIED claim, on top of the defendant's negligent conduct. [1] Chrystal's husband and Amber's *1372 father, Byron Ronald Eaton (Ron), was driving the family car when it struck the rear of a truck. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The supreme court's extensive discussion seems to presage an easing of more restrictive versions of the economic loss rule. Therefore, this cause of action is duplicative of the 1st cause of action for Negligence. WebThis is rarer, but Nevada law does provide two legal causes of action: Intentional infliction of emotional distress. We adopt these factors to assist in calculating the degree of foreseeability of the emotional harm to a plaintiff bystander resulting from the defendant's conduct. Chrystal EATON, Respondent and Cross-Appellant. Id., 54, p. 331; Porter v. Delaware, L. & W.R. Co., 73 N.J.L. at 820, 963 P.2d at 485. WebINTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; (11) NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS; AND : REQUEST FOR JURY TRIAL: Plaintiff JAMES G. REYNOLDS alleges as follows: GENERAL ALLEGATIONS . The torts of intentional infliction of emotional distress and outrage are identical, although outrage also encompasses reckless conduct. On her cross-appeal, Chrystal contends the district court erred by allocating the $29,000 Chrystal received in exchange for the release between her two claims. WebThe Concept of NIED in Georgia. "Negligent infliction of emotional distress" (NIED) is a personal injury law concept that arises when one person (the defendant) Negligent Infliction of Emotional Distress (NIED) is a concept in personal injury law premised on a defendants careless action causing psychological hardship for the plaintiff. You should consult with experienced Las Vegas personal injury lawyers to determine what claims are appropriate for you. Physical injuries sustained during a car accident are usually immediately obvious. It was dark but the weather was clear. The rules and parameters for what constitutes a valid NIED claim (and whether it even stands as its own tort) are shaped by the state courts. These symptoms include the following: The symptoms of emotional distress can have a significant impact on your day-to-day way of life. Prosser and Keeton, 54, p. 365. A tenant's behavior will not shield a landlord from liability. The main concern of courts adopting the zone of danger rule for bystander recovery for emotional distress was to prevent the possibility of unlimited and unduly burdensome liability. Harris & Harris Injury Lawyers fights to get you the compensation for everything that you deserve, including emotional distress damages. Under this reasoning, it is not the precise position of plaintiff or what the plaintiff saw that must be examined. We reverse and remand for a trial on this claim.[12]. Id. Negligent infliction of emotional distress is a type of tort claim that a plaintiff can bring in California even if they did not actually suffer physical injuries. The majority of the cases on negligent infliction of emotional distress have involved automobile accidents, including Eaton. 22 Edw. In Nevada, the term used to describe your psychological pain is 'emotional distress,' and it may represent a significant part of the compensation you deserve. Insomnia and general physical or emotional discomfort are insufficient to satisfy the physical impact requirement. 5, Negligent Infliction of Emotional Distr ess, 5.04 (Matthew Bender) 32 California Forms of Pleading and Practice, Ch. Co., 66 Cal.2d 425; Facts: Rosina Crisci was the landlord of an apartment building. In addition, the plaintiff must prove that the shock of witnessing the harm was the proximate cause of his or her emotional distress. Do Not Sell or Share My Personal Information, finding the right lawyer for you and your case, Intentional Infliction of Emotional Distress (IIED) claims, must have been able to reasonably predict, Tips for Getting the Best Personal Injury Settlement. There are two types of emotional distress lawsuits in Nevada: (1) Intentional Infliction of Emotional Distress; and (2) Negligent Infliction of Emotional We will thoroughly review your injuries and the accident that caused them to ensure we seek an appropriate amount of compensation for your mental anguish. [1] The district court reduced the award to a total of $82,352.65 pursuant to NRS 17.245 and NRS 41.035(1). The elements required in all states for this tort include thenegligence of the defendantand the emotional injury to the plaintiff. The district Someone who witnesses or is otherwise exposed to a severely traumatic event, such as a bystander at the scene of a violent crime, may be able to make a claim for negligent infliction of emotional distress (NIED). We hold that the district court's method of calculating the damages was consistent with this purpose. The district court calculated the percentage of the total jury award that was represented by the personal injury award (28%) and the percentage that was represented by the wrongful death award (72%). WebINTENTIONAL INFLICTION OF MENTAL DISTRESS IN NEVADA Carl Tobias* The independent cause of action for the intentional infliction of mental distress (IIMD) is Zone of Danger Rule - The plaintiff was in a specific "zone of danger" and at risk of physical harm, causing fear. 2d 728, 69 Cal. Emotional distress is mental or emotional harm (such as fright or anxiety) that is not directly brought about by a bodily injury but manifests itself in related physical symptoms. Kansas - Plaintiff's injury must fall within the definition of "physical injury," which does not include common symptoms of PTSD, in order to qualify as a valid NIED claim. Note that the law in this area is evolving, and a few states no longer require physical symptoms in NIED cases. See NRS 17.130(2). [7] Fears that the Dillon "foreseeability test" would lead to unlimited liability have proven to be unfounded. The Court of Appeals of New York ignored the reasonableness element when it criticized Dillon v. Legg for affording no stopping point on liability. The modern consensus is that "medical science has unquestionably become sophisticated enough to provide reliable and accurate evidence of the causes of mental trauma." The California court reiterated that a defendant was liable for emotional distress proximately caused by his negligence only when such distress was "reasonably foreseeable." State v. Eaton, 710 P. 2d 1370 (Nev. While it may be foreseeable that any bystander would be traumatized by witnessing the death of a child, it is not reasonably foreseeable that a stranger would suffer the same degree of trauma as a parent. In a personal injury claim in which NIED is alleged, the defendant's negligence (carelessness) is said to have caused the plaintiff mental or emotional harm. This begins with State v. Eaton. Stay up-to-date with how the law affects your life. Boorman v. Nevada Mem'l Cremation Society, 236 P.3d 4 (Nev.,2010). Clients from global brands and middle-market companies to innovative startups and individuals trust Cohan PLLC to resolve their trickiest legal disputes. Ron began shouting to Chrystal that the baby was dead. A "bystander case" is where a close family member witnesses or arrives immediately on the scene of an accident where another family member was injured or killed by the defendant's negligence. Contact a qualified personal injury attorney to make sure your rights are protected. We therefore hold that any non-family "relationship" fails, as a matter of law, to qualify for NIED standing. WebRelationship to intentional infliction of emotional distress. 555, 380 N.E.2d 1295; Toms v. McConnell, 45 Mich. App. 4. Grotts v. Zahner, 115 Nev. 339, 342, 989 P.2d 415, 417 (1999). This sum included awards for violating Connecticuts drug testing law, negligent infliction of emotional distress, disability discrimination, and punitive damages. We hold, however, that Chrystal should have been permitted to present to the jury her claim for negligent infliction of emotional distress. At some point, emotional distress due to defamation may no longer be something that happens to other people. It may be something that can happen to anyone who becomes the target of a vengeful spouse, disgruntled customer, jealous boss, unhinged competitor, or a social media feeding frenzy. These forms are appropriation, intrusion, publicity, and false light. [TrucCounsel Editor Note: It is important to understand Nevada's interpretation of the Dillon Rule. For example, where a wife witnesses a husband's severe injury as a result of the defendant's reckless driving (let's say she was in a following car), or she arrives to witness the immediate aftermath, that would likely create an NIED claim in most states. Negligent infliction of emotional distress occurs when someone had a duty of care to someone else and breached that duty of care, causing emotional distress damages. Call us at (702) 384-1414 now or via our online contact form. However, the vast majority of states now reject the impact rule. I recommend that you read it carefully. States differ greatly as to when they allow a cause of action Believing Amber to be asleep, Chrystal handed her through the car window to the patrolman. See Annot. Chrystal also argues that the district court erred by awarding her prejudgment interest on the amount of her past medical bills alone rather than on the entire amount of her personal injury award. Foreseeability is the cornerstone of the Dillon test for negligently inflicted emotional distress. | Last updated November 24, 2022. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. There are 5 common ways to prove that emotional distress is present: It needs to be proven that your mental anguish is not temporary. 1. The defendant contended he owed no duty to the mother because she was outside the zone of physical danger at the time of the accident. 1. WebMishandling of Corpses in Nevada: Recovering Compensation for the Negligent Infliction of Emotional Distress. 405, 63 A. Chrystal cross-appeals from the district court's failure to instruct the jury on her claim for negligent infliction of emotional distress and from the calculation of damages. NRS 41.031 et seq. Negligent infliction of emotional distress is another option available to injured parties. 1 Levy et al., California T orts, Ch. See, e.g., Champion v. Gray, 420 So. We disagree. The personal injury award was based on jury instructions compensating Chrystal for her medical expenses, pain and suffering incurred to the date of the jury verdict. Negligent Infliction of Emotional Distress Elements To recover, the witness-plaintiff must prove that he or she: was located near the scene; was emotionally injured Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. If you suffer from these symptoms, you need the Las Vegas trial lawyers at Cohan PLLC to get the compensation you deserve. The "foreseeability" rule is followed by a majority of states. The freeway approaching the summit from the east was dry. 94 A.L.R. At Harris & Harris Injury Lawyers we will vigorously fight for you. Thus, she was on the scene and was closely related to the victim. [4] (The personal injury award of $32,352.65 was already below the maximum.) The jury awarded Chrystal $40,472.65 for her personal injuries and $100,000 for the wrongful death of Amber. The daughter then initiated and continuedadministration until her mother was rendered comatose. Your mental suffering after an accident should never be overlooked. At 6:34 p.m., Trooper Butler asked the dispatcher whether the sanding trucks were coming out because he had received several reports from truckers of ice on Golconda. Corso v. Merrill, 406 A.2d at 306; Bovsun v. Sanperi, 461 N.E.2d at 849. The State appeals from the *1373 judgment for Chrystal and from the calculation of the damages. The requirement of impact, which was supposed to guarantee that the mental disturbance was genuine, has in recent years been satisfied by such minor contact as dust in the eye and smoke inhalation, which played no part in causing the actual harm. Amber, who had been ill, had just finished nursing and was asleep in her mother's lap. The State's pretrial motion in limine to exclude such evidence was denied. Taylor v. Silva, 96 Nev. 738, 741, 615 P.2d 970, 971 (1980). [7]See also II Harper and James, 18.4, p. 1039 ("mechanical rules of thumb which are at variance with these [general] principles [of tort law] do more harm than good."). We also affirm the calculation of damages by the district court as modified for prejudgment interest. Enter your information to subscribe to the Cohan PLLC Blog: DISCLAIMER: Your use of the Cohan PLLC website does not create an Attorney-Client relationship with Cohan PLLC. Then he saw another semi ahead in the same lane traveling at five to fifteen miles per hour. He requested that sanding trucks be sent to the summit. As a result of Amber's death and her own injuries, Chrystal became depressed and lost twenty pounds. The "physical impact" requirement has also been applied where, as here, the negligent act is alleged to have been committed directly against the plaintiff. [12] Any award granted Chrystal is governed by the limitations imposed by NRS 41.035, including the sums she has already been awarded. WebNegligent Infliction of Emotional Distress (6th Cause of Action) Negligent infliction of emotional distress is not a separate tort, but rather a species of negligence. Id. Physical symptoms relating to emotional distress include but are not limited to headaches, neck and back pain, ulcers, and heart palpitations. During trial on this cause of action, Chrystal must demonstrate the degree to which her emotional distress following the accident was the result of being on the scene of and immediately apprehending Amber's death. State v. Silva, 86 Nev. 911, 914, 478 P.2d 591, 593 (1970). AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. The trial courts could determine whether the accident and the harm to the bystander was reasonably foreseeable and "thus mark out areas of liability, excluding the remote and unexpected." Contact us. The mother and the sister of the victim observed the accident; the sister may have been in the zone of danger while the mother was not. 1984). In this, I now retreat somewhat from my concurring position in Hill. In addition, because the 51s satisfied their legal duty in this case as a matter of law, we conclude that Mr. Turner's NIED claim fails and that the district court did not err in granting summary judgment on that claim. Ron changed into the left lane to give the two semis on the shoulder more room. Also, our historical concern that emotional distress must be demonstrated by some physical manifestation of emotional distress is not implicated in this context. The district court refused to instruct the jury on this claim. WebTo sustain a claim for emotional distress, whether negligently or intentionally inflicted, you must show that the defendants conduct caused you injury in the form of mental, emotional, upset or turmoil. An award may not include any amount as exemplary or punitive damages. Addressing the negligent infliction of emotional distress claimthat NOSHA official Lara Pellegrini negligently notified plaintiff s employer ab out her [8] One of the longstanding arguments against bystander recovery for negligently inflicted emotional distress was the difficulty or impossibility of proving "that the alleged psychic injuries in fact resulted from seeing a gruesome accident." In this case, a daughter purchased prescription medication for her mother. SeeHill, 114 Nev. at 820, 963 P.2d at 485 (Maupin, J., concurring). See Annot. When the family relationship between the victim and the bystander is beyond the immediate family, the fact finder should assess the nature and quality of the relationship and, therefrom, determine as a factual matter whether the relationship is close enough to confer standing. This differs from typical emotional distress damages that are almost always part of a larger personal injury claim. In a hypothetical case, a plaintiff may settle with all defendants except the State for $75,000. Earlier that evening, two westbound cars slid off the freeway just past the summit due to the ice. 72, 441 P.2d 912 (1968), its seminal opinion on bystander recovery for negligent infliction of emotional distress. CV-05-4001949-S (May 12, 2006, Shluger, J.) We recognize a cause of action for serious emotional distress which results in physical symptoms caused by apprehending the death or serious injury of a loved one due to the negligence of the defendant. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. [9] NRS 41.141 provides in pertinent part: 1. In some cases, it is possible to suffer mental anguish despite avoiding severe physical injury. Based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the state or any of its agencies or political subdivisions or of any officer or employee of any of these, whether or not the discretion involved is abused. We now conclude, contrary to the plurality holding in Hill, that standing issues concerning "closeness of relationship" between a victim and a bystander should, as a general proposition, be determined based upon family membership, either by blood or marriage. When a loved one passes there is an expectation that his or her body will be treated with unsurpassable dignity and respect. Your lawyer can use this to your advantage to recover compensation for both physical and mental anguish. There are two types of emotional distress lawsuits in Nevada: (1) Intentional Infliction of Emotional Distress; and (2) Negligent Infliction of Emotional Distress. Jurisdictions have traditionally required that the emotional distress be accompanied by one of the following three forms of physical injury: (1) physical injury where the negligent act of the defendant actually causes physical or If you suffer from any of the above, you will need a compassionate Las Vegas car accident lawyer to get the help you deserve. 441 P.2d at 921. As to Plaintiff Jane AG Doe: DENY Summary Judgment. Because the test we have adopted is calculated to foster predictability and fairness in these matters, we conclude that the question of standing of "in-laws" to bring NIED claims must be left to the fact finder rather than determined as a matter of law. Justice Tobriner in writing for the court noted: 441 P.2d 915. Gen., Carson City, for appellant and cross-respondent. USE AT YOUR OWN RISK. We further conclude that persons who may assert such a claim do not need to observe or perceive the negligent conduct, or demonstrate any physical manifestation of emotional distress. In order to recover for negligent infliction of emotional distress, [name of plaintiff] must prove all of the following: 1. Ron had no way of knowing of the black ice a few yards ahead. As a result of this experience, Cohan PLLC has been afforded the opportunity to selectively act as Plaintiffs counsel on complex, personal injury matters. is the founder of Cohan PLLC. See id. We reverse for a trial on this issue. Get free summaries of new Supreme Court of Nevada opinions delivered to your inbox! One of the most important precedents was established with the California Supreme Court's 1968Dillon v. Leggruling, which was the first to award damages for NIED as a stand-alone tort. Chrystal settled with all the defendants except the State and proceeded to trial against the State alone. This rule simply requires that something, anything, contacted or impacted the plaintiff as a result of the defendant's negligent acteven a pebble or the percussive effect of an explosion will fulfill the requirement. a causal connection between the conduct and the injury; and. Boorman v. Nevada Mem'l Cremation Society,236 P.3d 4, 8 (Nev.,2010). 211, 457 N.E.2d 1 (1983); Dziokonski v. Babineau, 375 Mass. Negligent Infliction of Emotional Distress, Elements of Nevada's Theories of Liability, was emotionally injured by the contemporaneous sensory observance of the accident; and. A cause of action for intentional infliction of emotional distress exists when there is (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintif f s suffering severe or extreme emotional distress; and (3) actual This does not apply when the distress is a direct result of a physical injury. Copyright 2023, Thomson Reuters. By FindLaw Staff | Culbert v. Sampson's Supermarkets, Inc., 444 A.2d 433, 436 (Me. A successful case can result in the victim being rewarded compensation. Having pre-accident medical records that show there has been a significant shift in your mental and physical health state can pinpoint the source of your emotional distress. To recover, the witness-plaintiff must prove that he or she: Grotts v. Zahner, 115 Nev. 339, 342, 989 P.2d 415, 417 (1999). For negligent infliction of emotional distress lawsuits in Nevada, physical symptoms must be accompanied in the case for damages to be awarded. Dziokonski v. Babineau, 380 N.E.2d at 1302; Bovsun v. Sanperi, 461 N.E.2d at 848. WebThe tort of negligent infliction of emotional distress (NIED) is a controversial cause of action, which is available in nearly all U.S. states but is severely constrained and limited Proving the legitimacy and extent of emotional distress can be a challenge, so it's crucial to have an experienced legal professional on your side to make sure you put your strongest case together. In any action to recover damages for death or injury to persons or for injury to property in which contributory negligence may be asserted as a defense, the contributory negligence of the plaintiff or his decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the person or persons against whom recovery is sought, but any damages allowed must be diminished in proportion to the amount of negligence attributable to the person seeking recovery or his decedent.

Sky News Tomorrow's Papers, Houses For Sale On Atlantic Ave, Westerly, Ri, Articles N