Overturff v. Raddatz Funeral Services, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing a claim of negligent infliction of emotional distress sans a physical injury to the plaintiff in the course of delivery of medical services incident to the birth of a child
• acknowledging the court has “recognized negligent infliction of emotional distress claims, absent some physical injury, ‘in the negligent performance of contractual services that carry with them deeply emotional responses in the event of breach’ ” (citations omitted)
• “Because the existence of a duty under a given set of facts is a question of law for the court, it is properly resolvable by summary judgment.”
• “It is a well-established principle that, if a plaintiff has suffered no physical injury, she will ordinarily be denied recovery on a negligent infliction of emotional distress claim.”
• “Because the existence of a duty under a given set of facts is a question of law for the court, it is properly resolvable by summary judgment.”
• “It is a well-established principle that, if a plaintiff has suffered no physical injury, she will- ordinarily be denied recovery on a negligent infliction of emotional distress claim.”

Source: CourtListener parenthetical corpus (CC0).