Legal Opinion
Frishett v. State Farm Mutual Automobile Insurance
Michigan Court of Appeals
Decided July 12, 1966No. Docket 1,271PublishedCited by 36 opinions
1Opinion of the CourtBurns, J.
The question before this Court is whether the plaintiff may recover damages for mental suffering caused by deliberate acts done with the intent to cause such mental suffering.
The trial court granted the defendant a summary judgment of no cause of action, and stated:
“The Michigan courts have adopted the rule as set out in Nelson v. Crawford (1899), 122 Mich 466 (80 Am St Rep 577), that there can be no recovery for mental distress unless accompanied by a physical injury.”
The complaint alleges that the plaintiff’s husband was killed in an automobile accident when his automobile collided with a…
2Cases cited7 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Battalla v. StateNew York Court of Appeals · 1961
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Stewart v. RudnerMichigan Supreme Court · 1957
- Falzone v. BuschSupreme Court of New Jersey · 1965
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Roberts v. Auto-Owners InsuranceMichigan Supreme Court · 1985
- Kewin v. Massachusetts Mutual Life Insurance CompanyMichigan Supreme Court · 1980
- Edward Coogan and Margaret Coogan v. City of Wixom, Bruce Kirby and Philip LeonardCourt of Appeals for the Sixth Circuit · 1987
- Ledsinger v. BurmeisterMichigan Court of Appeals · 1982
- Warren v. June's Mobile Home Village & Sales, Inc.Michigan Court of Appeals · 1976
31 more not listed; retrieve them via the Exa API.