Paugh v. Hanks

451 N.E.2d 759, 6 Ohio St. 3d 72, 6 Ohio B. 114, 1983 Ohio LEXIS 782
CourtOhio Supreme Court
DecidedJuly 27, 1983
DocketNo. 82-993
StatusPublished
Cited by438 cases

This text of 451 N.E.2d 759 (Paugh v. Hanks) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paugh v. Hanks, 451 N.E.2d 759, 6 Ohio St. 3d 72, 6 Ohio B. 114, 1983 Ohio LEXIS 782 (Ohio 1983).

Opinions

Sweeney, J.

Based on our recent pronouncement in Schultz v. Barberton Glass Co. (1983), 4 Ohio St. 3d 131, we hold that summary judgments in the instant cause were improper and that, therefore, the cause must be reversed and remanded to the court of common pleas, since the plaintiffs here have stated a cause of action for the negligent infliction of serious emotional distress. Upon remand, we wish to guide the trial court, as well as the bench and bar, as to the limitations and scope of Ohio’s recognition of the tort of negligent infliction of serious emotional distress.

Today, this court has the unique opportunity to establish standards in this ever evolving area of tort law. To our credit, we need not experience the slow, cynical recognition of an individual’s right to emotional tranquillity; other jurisdictions have both the experiences and illustrations which aid us in adopting a course which brings our law securely in step with the modern advances made in medical and psychiatric science. While some may view our decision today as an unsettling quantum leap into this difficult area of the law, the situation is one of paramount necessity in fitting the law to the dynamics and nuances of modern twentieth century society. We view our decision today as a bold and promising step in ensuring an individual’s right to emotional tranquillity which is redressable in an action against a blameworthy defendant for the negligent infliction of serious emotional distress.

I

Historically, this court, as well as others, has been reluctant to grant [75]*75compensation to victims of mental suffering for a myriad of reasons. As Dean Prosser pointed out, “[a]ll these objections have been demolished many times, and it is threshing old straw to deal with them.” Prosser, Law of Torts (4 Ed. 1971) 327, Section 54. Needless to say, our decision in Schultz, supra, explored the traditional arguments against allowing recovery for the negligent infliction of mental harm, and we have found these arguments to be without merit.

The first step that courts took in this evolutionary cycle of defining the boundaries of liability for emotional distress in negligence actions was to allow recovery for mental distress as only “parasitic” or “pain and suffering” damages which were grounded in a traditional tort cause of action. Unless there existed a primary cause of action in a recognized area of tort liability, there would be no allowance for the recovery of mental harm damages. Thus, mental suffering was deemed genuine and compensable if and ónly if it was “parasitic” to a provable physical injury connected with an accepted tort cause of action.

Closely allied to this development, there evolved the “contemporaneous physical injury” or “impact” rule which this court rejected in Schultz, supra. The inventiveness of courts to find a contemporaneous injury or impact in many tenuous fact situations exemplified the absurdity inherent within the rule.1

The majority of courts which then rejected the “impact” rule replaced it with a theory of recovery known as the “zone of danger” rule. Under the “zone of danger” rule, a plaintiff-bystander to an accident need not have been physically injured or impacted, however, in order to recover; a plaintiff was required to be in close enough proximity to an accident to have been placed in actual physical danger, and, that as a result of being within the “zone of danger,” a plaintiff-bystander’s emotional suffering was deemed genuine because of the 'fear of that physical danger. Thus, the analysis implemented by Chief Judge Cardozo in Palsgraf v. Long Island RR. Co. (1928), 248 N.Y. 339, 162 N.E. 99, was adopted in a similar vein when an aggrieved party sought recovery for mental or emotional harm.

We view the “zone of danger” rule as being unduly restrictive. Although this rule appears to be a doctrine which allays apprehensions of opening the doors to unlimited liability, its rigid application prevents redress where the emotional injury is foreseeable and the resulting harm is great. In rejecting the “zone of danger” rule, we find persuasive the cogent reasoning of the Massachusetts Supreme Court, which stated in Dziokonski v. Babineau (1978), 375 Mass. 555, 564, 380 N.E. 2d 1295:

“The problem with the zone of danger rule * * * is that it is an inade[76]*76quate measure of the reasonable foreseeability of the possibility of physical injury resulting from a parent’s anxiety arising from harm to his child. The reasonable foreseeability of such a physical injury to a parent does not turn on whether that parent was or was not a reasonable prospect for a contemporaneous injury because of the defendant’s negligent conduct. Although the zone of danger rule tends to produce more reasonable results than the * * * [impact] rule and provides a means of limiting the scope of a defendant’s liability, it lacks strong logical support.”

Ten years prior to the Dziokonski decision, the California Supreme Court firmly disposed of the “zone of danger” rule in the celebrated case of Dillon v. Legg (1968), 68 Cal. 2d 728, 69 Cal. Rptr. 72, 441 P. 2d 912, and established a theory of recovery for emotional distress which is popularly known as the “bystander” rule. Instead of denying recovery to the mother in that case under the “zone of danger” rule, the California court decided to apply “* * * the general rules of tort law, including the concepts of negligence, proximate cause and foreseeability * * *,” and allowed recovery for a plaintiff-bystander who was situated outside the zone of danger, but who witnessed the accidental death of her daughter, and as a result, suffered emotional distress. The Dillon court established a series of factors in which courts were to consider on a case-by-case basis, in determining whether the resulting emotional harm was reasonably foreseeable. Id. at 740-741.

These factors were not intended to be fixed guidelines with which an aggrieved plaintiff-bystander was required to satisfy in order to recover; rather, the factors were to be taken into account by courts in assessing the degree of foreseeability of emotional injury to the plaintiff.2

While liability became vastly increased under Dillon, the concept of duty was interpreted by other courts to remain fixed to the dual requirement that some physical injury be suffered as a result of the emotional harm and that the emotional harm result from observing a physical injury.3 Most courts which have rejected the “zone of danger” rule have adopted the requirement that some sort of physical injury ensue as a result of the emotional harm in order to place a “guarantee of genuiness” that insures that the mental injury is serious enough to be rendered compensable. See, e.g., Payton v. Abbott Labs (1982), 386 Mass. 540, 437 N.E. 2d 171; Schultz, supra, at 138-139 (Holmes, J., dissenting); Restatement of Torts 2d (1965), Section 436 (A).4

[77]*77Although courts require a physical manifestation as “parasitic” to a mental distress action, this requirement has not prevented recovery in situations dealing with the negligent handling of corpses, nor has it barred recovery in cases involving the negligent forwarding of telegraph messages.5 6

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Bluebook (online)
451 N.E.2d 759, 6 Ohio St. 3d 72, 6 Ohio B. 114, 1983 Ohio LEXIS 782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paugh-v-hanks-ohio-1983.