Misty Elrod v. Busch Entertainment

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

Appellants Misty Petrosky Elrod, Jane Doe # 1, and Jane Doe # 2 appeal the district court’s order sustaining objections to the magistrate judge’s report and denying Appellants leave to amend their complaint to include a claim of negligent retention. The district court denied the amendment as futile, finding that a claim of negligent retention does not support recovery for emotional harm absent a showing of contemporaneous physical injury. On appeal, Appellants argue that their proposed…