Emotional distress damages may be recovered from tortfeasors in Kentucky if the plaintiff satisfies the elements of a general negligence claim and shows a severe emotional injury that is supported by expert evidence, the state supreme ruled Dec. 20 in a legal malpractice case (Osborne v. Keeney, Ky., No. 2010-SC-000397-DG).
The top court dropped Kentucky’s longstanding rule against recovery of emotional distress damages in the absence of a physical impact.
Announcing a more relaxed standard, the top court said that plaintiffs claiming emotional distress must first satisfy the elements of a general negligence claim, and must also establish, ...
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