Harris v. National Evaluation System, Inc.

ORDER

HAROLD L. MURPHY, District Judge.

Defendant National Evaluation System, Inc. (NES), moves the Court to enter summary judgment on Plaintiff Harris’ claim that NES is liable for injuries flowing from its negligence. Alternatively, NES seeks partial summary judgment in that, it contends, Harris is not entitled to damages for mental stress in the absence of a physical injury. Harris opposes NES’ motion.

The undisputed facts pertaining to the summary judgment motion are as follows. Harris, a teacher for the deaf, took an examination administered by NES. Under the Quality Basic Education Act…