By The Law Offices of John Day, P.C. on Jan 08, 2024 06:11 am
Where plaintiffs’ minor daughter was sexually abused by a church staff member, but plaintiffs did not perceive any injury-producing event, dismissal of their negligent infliction of emotional distress claim was affirmed. In Doe v. Bellevue Baptist Church, No. W2022-01350-COA-R3-CV (Tenn. Ct. App. Nov. 7, 2023), plaintiffs brought various claims against defendant church related to their minor daughter being sexually abused by a church staff member, including a claim on their own behalf for negligent infliction of emotional distress (“NIED”). Defendant moved to dismiss this claim, arguing that the complaint never alleged that plaintiffs witnessed or perceived an injury producing event. The trial court agreed and granted the motion to dismiss, and dismissal was affirmed on appeal. Calling the law surrounding NIED claims “murky and difficult,” the Court of Appeals noted that when a plaintiff does not witness the actual injury-producing event, he or she must show: Continue reading
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