Wednesday, September 21, 2016

Superior Court Reaffirms Requirement of Expert Medical Evidence to Support Intentional Infliction of Emotional Distress Claims

In the case of Gray v. Huntzinger, No. 1882 EDA 2015, 2016 Pa.Super. 194 (Pa.Super. Aug. 30, 2016 Gantman, P.J., Lazarus, J., and Platt, J.)(Op. by Lazarus, J.), the Pennsylvania Superior Court ruled that a trial court erred by not entering a JNOV in favor of a defendant on the Plaintiff's intentional infliction of emotional distress claim.

This case arose out of incidents related to the termination of the Plaintiff from his employment.

The Superior Court noted that the Plaintiff failed to present expert medical testimony at trial in support of the intentional infliction of emotional distress which was a violation of the Pennsylvania Supreme Court's ruling in Kazatkzy v. King David Mem'l Park Inc., 527 A.2d 988 (Pa. 1987), in which that Court  held that, to the extent the tort of intentional infliction of emotional distress was recognized in Pennsylvania, recovery was limited to those cases in which competent medical evidence of emotional distress was presented by the Plaintiff.

Anyone wishing to review the Superior Court's decision in Gray may click this LINK.

Source:  "Instant Case Digest," Pennsylvania Law Weekly (Sept. 13, 2016).

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