Atlantic Coast Airlines v. Cook

On Petition To Transfer from the Indiana Court of Appeals, No. 49A02-0401-CV-T7.

RUCKER, Justice.

In an action to recover damages for the negligent infliction of emotional distress, Indiana's modified impact rule requires a claimant to demonstrate a direct physical impact resulting from the negligence of another. Where the physical impact is slight, or the evidence of the physical impact is tenuous, we evaluate the alleged emotional distress to determine whether it is not likely speculative, exaggerated, fictitious, or unforeseeable. In this case, we conclude that the emotional distress or…