Florida Justices Weigh Nixing Key Emotional Distress Damage Rule

The “impact rule” that for 130 years has helped shield Florida defendants from emotional distress damages in negligence cases faces potential jettison by the Florida Supreme Court.

During Wednesday’s oral argument multiple justices, led by Renatha Francis, pushed for potentially ending Florida’s adherence to a rule preventing recovery of emotional distress damages when a plaintiff isn’t physically touched.

The rule has spawned countless cases over its application, leading even many conservative states to reject it altogether at the chagrin of the defense bar. But in this case the defendant pushed to take the rule where it’s never gone before—covering intentional ...