Binns v. Fredendall

The issue presented by this appeal is whether the test we announced in Paugh v. Hanks (1983), 6 Ohio St. 3d 72, 6 OBR 114, 451 N.E. 2d 759, for the recovery of damages for emotional and psychiatric injuries applies where the person seeking the damages has also suffered contemporaneous physical injury. Because Paugh, supra, is not intended to limit recovery by such plaintiffs, but was so applied by the trial court, we affirm the finding of prejudicial error and remand the cause for retrial.

I

Ohio law has traditionally permitted recovery for negligently inflicted emotional and psychiatric…