Legal Opinion · Concurrence

Hedgepeth v. Whitman Walker Clinic

District of Columbia Court of Appeals

Decided October 1, 2009No. 07-CV-158Published

1ConcurrenceRuiz, Associate Judge

This is a case in which no one disputes that appellant was owed a duty by appel-lees, and he has presented evidence that as a result of their breach of the standard of care, he suffered severe and verifiable emotional distress. Thus, but for the rule set out in Williams, as it has been applied in subsequent cases, appellant would be entitled to present his case to the jury. I write separately because I believe that this case warrants reconsideration by the full court of the applicability of the Williams “zone of physical danger” requirement to cases where foreseeable and severe emotional…

2Cases cited4 opinions

  1. Johnson v. State of New YorkNew York Court of Appeals · 1975
  2. Ricky Baker v. David Alan DorfmanCourt of Appeals for the Second Circuit · 2000
  3. Corgan v. MuehlingIllinois Supreme Court · 1991
  4. Johnson v. Commodore Cruise Lines, Ltd.District Court, S.D. New York · 1995

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