Covington v. Howard’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The common thread of the special circumstances NIED cases collected in Moresi is that each of those cases present facts proving that the defendant’s act created a very strong and obvious likelihood that the plaintiff would suffer genuine and severe mental distress. Typically, the defendant’s conduct under the circumstances is deemed so unconscionable or outrageous such that a person of ordinary sensibilities would suffer genuine and severe emotional distress. However, the phrase “special circumstances” is not necessarily limited to objectively “outrageous” conduct, such as when the defendant owes the plaintiff an independent, direct duty, and his breach of that duty is deemed unconscionable or outrageous under the circumstances, or when a defendant knew or should have known that the plaintiff was particularly vulnerable to emotional distress from his act. “[UJnless the actor has knowledge of the plaintiffs particular susceptibility to [^emotional distress, the actor’s conduct should be judged in the light of the effect such conduct would ordinarily have on a person of ordinary sensibilities.” The defendant’s knowledge that a plaintiff is particularly susceptible to emotional distress is a factor to be considered.”

   1 later decision quote this exact passage
   e.g. England v. Fifth Louisiana Levee District

2. “(1) the negligent transmission of a message by a telegraph company, especially one announcing death; (2) mishandling of corpses; (3) failure to install, maintain, or repair consumer products; (4) failure to take photographs or develop film; (5) the negligent damage to one's property while the plaintiff was present and saw their property destroyed; (6) where the plaintiff was actually in great fear for his personal safety”

   1 later decision quote this exact passage
   e.g. Martin v. Am. Midstream Partners, LP

3. “special direct duty to the plaintiff and where the resulting mental distress the plaintiff suffered was easily associated with the defendant's conduct.”

   1 later decision quote this exact passage
   e.g. Pelitire v. Rinker