Indiana Supreme Court expands eligibility for emotional distress damages
The Indiana Supreme Court has expanded the limited number of people eligible to recover damages for negligent infliction of emotional distress.
Typically, a lawsuit seeking payment for emotional distress only can be pursued in Indiana by a person who suffers a direct physical injury, suffers an injury that also injures or kills a third-party, or witnesses a relative's death or severe injury immediately after it occurs.
In a 3-2 decision, the state's high court said Wednesday it also now is allowing a parent or guardian to seek damages from a child caretaker when the parent or guardian discovers, with irrefutable certainty, the caretaker sexually abused their child and that abuse severely impacted the parent or guardian's emotional health.
The new rule follows the 2015-16 sexual assault of a profoundly disabled child by an instructional assistant responsible for her care at a school in the Metropolitan School District of Pike Township in Indianapolis.
Read more: https://www.nwitimes.com/news/local/crime-and-courts/indiana-supreme-court-expands-eligibility-for-emotional-distress-damages/article_2fac337b-4377-5bdb-bf05-6e19e8a2c1d9.html
(Northwest Indiana Times)