Section 42 Emotional Distress

LibraryDamages 2012

The measure of damages for emotional distress is similar to other tort actions. See Chapter 4 of this deskbook. In Bennett v. Mallinckrodt, Inc., 698 S.W.2d 854, 867 (Mo. App. E.D. 1985), the plaintiff’s claim of “psychic trauma” was held defective for failure to plead that the “[defendant] should have realized its alleged conduct involved an unreasonable risk of causing this psychic trauma.”

For a discussion of emotional distress claims in the context of toxic tort cases, see Clifford J. Zatz & Kevin C...

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