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There is No Claim for Negligent Infliction of Emotional Distress on Solely Property Damage Loss Cases in Tennessee

Posted on Apr 30 2017 1:56PM by Attorney, Jason A. Lee

The Tennessee Court of Appeals in Richard Lane, et al v. Estate of Gary K. Leggett, No. M2016-00448-COA-R3-CV, 2017 WL 1176982 (Tenn. Ct. App. 2017) discussed whether a Plaintiff can recover for Negligent Infliction of Emotional Distress for a claim that involves only property damage. In this case, the Plaintiff owned a business in White House, Tennessee. The Defendant rear-ended a vehicle and left the roadway at a high rate of speed, causing his car to run into the building that contained the Plaintiff’s business. The vehicle struck a gas meter which resulted in a significant fire and caused a complete loss of the Plaintiff’s business. The Plaintiff was not actually at the property at the time of the loss, but he returned shortly thereafter and witnessed the fire at his business.

 

As a result of this accident, the Plaintiff filed suit asserting that the loss of Plaintiff’s business and the great fire that was caused by the accident, as well as Plaintiff’s observations, caused him to have severe mental and emotional injuries.  He was even diagnosed with Post Traumatic Stress Disorder and Anxiety from the incident. Plaintiff therefore claimed he was entitled to recover against the Defendant under the theory of negligent infliction of emotional distress for these personal injuries.

 

The Tennessee Court of Appeals noted that to recover damages under the theory of negligent infliction of emotional distress, a plaintiff must “prove each of the elements of general negligence; duty, breach of duty, injury or loss, causation and fact, and proximate, or legal, cause. A plaintiff must also prove that he or she has suffered a serious or severe emotional injury” (Lane at p. 3) (citing Camper v. Minor, 915 S.W.2d 437 (Tenn. 1996). Interestingly, however, no case in Tennessee has explicitly held that negligent infliction of emotional distress is an appropriate claim for a plaintiff resulting from emotional injuries that solely arise out of property damage.

 

The Court reviewed Tennessee Supreme Court cases and found one case that commented on this issue, but did not have a holding on this issue directly. In that case, Whaley v. Perkins, 197 S.W.3d 665, 670 (Tenn. 2006), the Tennessee Supreme Court stated the following:

 

Subject to some exceptions, generally, under ordinary circumstances, there can be no recovery for mental anguish suffered by plaintiff in connection with an injury to his or her property. Where, however, the act occasioning the injury to the property is inspired by fraud, malice, or like motives, mental suffering is a proper element of damage.

 

(Lane at p. 3). Based on this statement by the Tennessee Supreme Court and a review of other decision, the Tennessee Court of Appeals found that absent evidence that the injury to the property is inspired by fraud, malice, or other similar motives, there is simply no claim for negligent infliction of emotional distress for a loss that involves property damage only. (Lane at p. 4) As a result, the Tennessee Court of Appeals ruled that the Plaintiff was not entitled to recovery under this legal theory in this case. This case appears to be consistent with Tennessee case law on this issue. To have a claim for negligent infliction of emotional distress, there must be more than property damage or there must be one of the enhancing factors discussed in the Whaley case.

 

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TAGS: Damages, Negligence, Torts
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Jason A. Lee is a Member of Burrow Lee, PLLC. He practices in all areas of defense litigation inside and outside of Tennessee.

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Tennessee Defense Litigation Blog
Jason A. Lee, Member of Burrow Lee, PLLC
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