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Tuesday, June 06, 2017

New NIED Opinion: Trial Court's Dismissal of Claim Reversed on Appeal

The Tennessee Court of Appeals, Middle Section, issued its opinion in Henderson v. Vanderbilt University, No. M2016-01876-COA-R9-CV (Tenn. Ct. App. May 31, 2017).  Here is the syllabus from the slip opinion:
The trial court granted partial summary judgment to the defendant hospital on the ground hat the plaintiffs could not establish that they witnessed or perceived an injury-producing event for purposes of their negligent infliction of emotional distress claims. We hold that the alleged failure of the defendant hospital to provide care to the plaintiffs’ daughter, despite repeated assurances from the hospital that it would occur, constitutes an injury-producing event that was witnessed by plaintiffs. Accordingly, the trial court erred in dismissing plaintiffs’ negligent infliction of emotional distress claims on this basis.
Here is a link to the slip opinion:

Here is a link to Judge Gibson's dissent:

NOTE: The majority opinion does a good job of outlining the current state of NIED claims in Tennessee.

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