· 10/24/1985
Kinard v. Augusta Sash & Door Co.
Citations
- 336 S.E.2d 465
- 286 S.C. 579
- 1985 S.C. LEXIS 485
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing the new cause of action by plaintiff bystander for negligent infliction of emotional distress and applying the new rule to the case
- recognizing the new cause of action by plaintiff bystander for negligent infliction of emotional distress and applying the new rule to the case
- adopting general approach of Dillon v. Legg, 441 P.2d 912 (Cal. 1968), and setting forth elements for negligent infliction of emotional distress cause of action in South Carolina
- setting forth elements required to establish negligent infliction of emotional distress
- \modern trend recognizes that emotional tranquility is an interest worthy of protection;\ and noting in footnote that new tort had recently been rejected in a different case because its facts did not state a claim
- for a defendant to be held liable for negligent infliction of emotional distress, a plaintiff must prove, among other things, that the defendant’s negligence caused death or serious physical injury to another person
Source: CourtListener parenthetical corpus (CC0).
Judges: Gregory, Littlejohn, Harwell, Chandler, Fin-Ney, Ness
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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