Most recent CASE briefs

Stubbs v. City of Rochester (N.Y. 1919)

Procedural History: Plaintiff alleges negligence in allowing drinking water to get contaminated, which then caused plaintiff to contract typhoid fever. Trial judge granted a nonsuit, which was upheld by the Appellate Division due to counsel’s argument that the evidence fail...

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Johnson v. Jamaica Hospital (N.Y. 1984)

Procedural History: A separate suit was brought on Kawana’s behalf. The trial court denied defendant’s motion to dismiss the parents’ action for failure to state a cause of action. The Appellate Division affirmed by a divided vote and certified the question for ...

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Portee v. Jaffee (N.J. 1980)

Procedural History: Plaintiff alleged negligence against landlord. Companies involved in designing and maintaining the elevator were also sued. The trial court found that plaintiff’s claims for psychological injury did not meet the requirements of Falzone. The appe...

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Gammon v. Osteopathic Hospital of Maine (Maine 1987)


“severe emotional distress” – distress “such that no reasonable man should be expected to endure it.”

Procedural History: Gammon sued hospital for negligently conducting operations. The trial court granted a...

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Metro-North Commuter R.R. Co. v. Buckley (U.S. 1997)

Procedural History: Buckley sued Metro-N. under the FELA and sought damages for emotional distress [and to cover the cost of future medical checkups]. Metro-N. conceded negligence but asserted that Buckley had not actually suffered emotional distress and that the FELA did not all...

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