Ferrara v. Bernstein

While I agree with the majority that plaintiff’s damage claim for psychic injury meets the current standards for such recovery, I cannot agree with the majority’s reasoning in applying that standard. Therefore, I write separately to address the issue of when damages may be recovered for psychic injuries under existing law.

The emerging body of law governing when damages for psychic injury may be recovered has eliminated the former "bright line” requirement that in all cases plaintiff must show independent physical injuries before such damages may be allowed. (See, Lynch v Bay Ridge Obstetrical…