In this episode we step down from the U.S. Supreme Court to visit the Georgia Court of Appeals. Here, we re-argue the case Christy Brothers Circus v. Turnage.
An evening at the circus suddenly turned an unsuspecting audience member into part of the show.
The question before the court: can a victim collect damages for emotional distress without physical injury?
References
Christy Bros Circus v. Turnage, 38 Ga. App. 581 (Ga. Ct. App. 1928). https://case.law/caselaw/?reporter=ga-app&volume=38&case=0581-01
DePaul College of Law. (1955). Recovery for mental suffering unaccompanied by physical injury. DePaul Law Review, 4, 266-279.
Marchant, J.I. (2001). Lee v. State Farm Mutual Insurance Company: A partial exception to Georgia’s impact rule to allow parental recovery for emotional distress from witnessing the suffering and death of a child. Mercer Law Review, 52, 777-788.
McCarthy, C. (2015, June 19). The Vagabond – Labor Day tragedy in Alabama City. Messenger. https://gadsdenmessenger.com/the-vagabond-labor-day-tragedy-in-alabama-city/
Melton, G.B., Petrila, J. Poythress, N.G., Slobogin, C., Otto, R.K., Mossman, D., & Condie, L.O. (2018). Psychological evaluations for the courts: A handbook for mental health professionals and lawyers (4th ed.). Guilford.
Miller, W. (1975). Torts – emotional distress – Georgia continues to cling to the impact rule. Mercer Law Review, 27, 353-359.