July 31, 2009

Duty of care.

Practice point: Emotional harm is compensable in the absence of physical injury, but only where the injury is a direct result of the alleged breach of duty.

Practitioners should note that the claim must possess some guarantee of genuineness.

Case: Karin K. v. Four Winds Hospital, NY Slip Op 05947 (2d Dept. 2009)

The opinion is here.

Monday’s issue: Real property.