Legal MemorandumStatement of Engagement: You have asked me to prepare a legal memorandum on whether our client can obtain relief from intentional infliction of emotional distress resulting from witness a A friend's child is injured by an out-of-control vehicle driven at high speed through a school zone. In accordance with your request, this memo includes a discussion of relevant state and federal laws. Issue: Under Kentucky tort law, does intentional infliction of emotional distress occur when a person suffers severe insomnia and anxiety as a result of a friend's testimony? child injured by an out-of-control vehicle driven at high speed through a school zone? Short answer: No. Under Kentucky tort law, you cannot recover compensation for personal injury resulting from fright caused by the negligence of another, where there is no immediate personal injury, trespass to real property, or some contractual relationship . Furthermore, an action cannot be brought in favor of a woman for pain and suffering arising exclusively from fright, not accompanied by physical injury, induced by someone who, without seeing her or knowing of her presence, and without entering her premises, attacked a woman. woman. third person. Furthermore, the long-standing rule in this jurisdiction is that in negligence cases there can be no recovery for fear, shock or mental anguish unaccompanied by physical contact or injury. Statement of Facts: On April 14, Ida Carry was in her yard, across the street from Roosevelt Elementary School, and children were playing in the yard. He heard the border guard's whistle and the screeching of tires. ... in the middle of the paper ... it was reported to you. While she was undeniably hurt and her suffering is demonstrable, she cannot prove that she was hurt directly by Bob Barton's actions. The case law relevant to this situation comes from several Kentucky cases: 761 SW2d 625, 597 SW2d 141, 147 SW 742, 112 SW 600, and 77 SW 361 among others. These cases establish the law, as defined by the courts, that without physical contact a negligence claim cannot be trusted. Recommendations: It is recommended that our law firm regretfully deny service to Ms. Carry based on precedent in Kentucky. Based on the analysis of the matter, it is evident that Ms. Carry would not receive a promising conclusion to her situation. Due to the facts involved and the cases discussed (which are somewhat relevant) Ms Carry does not make an application where relief can be granted.
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