“New Law” Found in Dover Delaware Court
DelMarVaNow.com is reporting some interesting items out of a superior court in Dover. Have a look and click here to read more.
DOVER — A Superior Court judge ruled Friday that relatives of a Kent County man killed in a plane crash at a local airfield cannot sue for mental anguish.
Judge Robert Young ruled that the widow and daughters of James Aubrey failed to present evidence that they had suffered any physical injury as the result of mental anguish or emotional distress. Therefore, he ruled they cannot seek damages on those claims.
“The standard in Delaware is that a claimant’s mental anguish must manifest itself in the form of a physical injury,” Young wrote, citing a 1984 state Supreme Court ruling in an asbestos case.
It appears to be the law in Delaware that you must exhibit physical injury in order to claim mental anguish. Expect to see more on the big Delaware law blogs.
Delaware Corporate and Commercial Litigation Blog
Delaware Business Litigation Report Blog
WSJ Law Blog
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