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Lrw About Nied Essay

1668 words - 7 pages

MEMORANDUMFROM: Alexandra AssociateTO: Patricia PartnerDATE: September 21, 2014Re: AssignmentDISCUSSION[1: For the professor's instruction this memorandum omits questions presented, brief answer and statement of facts. ]The cause of action for negligent infliction of emotional distress ("NIED") requires proof of the following four elements: the death or serious physical injury of another caused by defendant's negligence; a marital or intimate, familiar relationship between plaintiff and the injured person; observation of the death or injury at the scene of the accident; resulting severe emotional distress. Portee v. Jaffee, 84 N.J. 88, 101 (1980). This memorandum will focus on one element, "intimate, familiar relationship". As set forth below, the court is likely to find this element is met in the instant case.[2: For the professor's instruction this memorandum omits the other three elements of NIED claim.] The court is likely to find that Mr. Achten and Mrs. Hennessee had the type of "intimate, familial" relationship required for a NIED claim, because they had strong emotional bonds and cohabited. An intimate, familial relationship should be stable, enduring, substantial, and mutually supportive. See Dunphy v. Gregor, 136 N.J. 99, 111 (1994). Unmarried couples who have strong emotional bonds and cohabit satisfy the "intimate, familial relationship" required for the NIED claim to proceed. Id . Comment by Author: Identify the subfactor first the nwhether met Comment by Author: Finish with thesis or conclusionThe court is likely to find strong emotional bonds. Comment by Author: Avoid staring a new secton at the very end Persons with strong emotional bonds could satisfy the "intimate familial relationship" requirement. Ozdemir v. Somerset Med. Ctr., No. 3:02-CV-1600, 2007 WL 1988731, at *6 (N.D.N.Y. July 3, 2007). Persons who support each other and have emotional reliance on each other could have strong emotional bonds. Dunphy, 136 N.J. at 112 (holding that woman who was engaged to and cohabiting with victim could recover for NIED). Mr. Achten and Mrs. Hennessee had strong emotional bonds because during their 6 years dating relationship, they supported each other over difficult times and had strong emotional reliance on each other. Comment by Author: Some facts later to support the emotional bondsFirst, Mr. Achten and Mrs. Hennessee supported each other. The couple didn't leave each other when there were difficulties. In the instant case, when Mrs. Hennessee moved to the Alzheimer's unit, Mr. Achten continued the relationship, visiting her on a daily basis, having meals together and staying until she slept. He arranged for outings and excursions with her. Mr. Achten tried to maintain a normal life for her. Similarly, in the Dunphy case, when victim was injured, Ms. Dunphy didn't leave, and she tried to save him, to ease his pain and to comfort him. Id . Comment by Author: Finish with conclusionSecondly, Mr. Achten and Mrs. Hennessee had emotional...

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