· 12/9/2009
Fanean v. RITE AID CORP. OF DELAWARE, INC.
Citations
- 984 A.2d 812
- 2009 WL 4842461
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing anxiety and depression as physical injuries and denying motion to dismiss
- finding that allegations of depression and anxiety are recoverable physical injuries
- reaffirming the Court’s earlier decision that the plaintiff could not raise a negligence per se claim under HIPAA
- denying motion to dismiss intentional infliction of emotional distress claim, despite plaintiff’s absence, where defendant pharmacy disclosed plaintiff’s confidential health information to plaintiff’s relatives, directly causing emotional damage to plaintiff
- “The deciding factor is whether the employer had or should have had knowledge of the necessity to exercise control over its employee.”
- “[T]he focus of this tort is on the intrusion.
Source: CourtListener parenthetical corpus (CC0).
Judges: Herlihy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.