Imogene Williams v. United States Elevator Corporation and Elcon Enterprises, Inc.

I dissent because I believe that this case must be remanded for a new trial in light of an intervening change in the law.

At the time when this case was tried, District of Columbia law precluded an award of damages for emotional distress that was not caused by some physical injury. Subsequent to the trial in this case, the District of Columbia Court of Appeals discarded the legal requirement that, to be compensable, emotional harm must be caused by physical injury. During the jury deliberations in this case, the jury specifically asked the trial judge whether the plaintiff was barred from…