Wyatt v. Gilmore

MARTIN (Harry C.), Judge.

The sole issue raised on this appeal is whether summary judgment was appropriate. This in turn involves the question of defendants’ liability for the mental distress and consequent physical injuries plaintiff suffered as a result of defendants’ negligence. Defendants focus their argument upon a single element of actionable negligence — foreseeability, and we are thus drawn into this most basic, yet amorphous and complex, area of tort law in order to resolve the issue presented.

Our analysis will be two-fold. By way of foundation, it will be necessary to review the…