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Handel On The Law

(11/13) Handel on the Law Hour 2

Handel On The Law

KFI AM 640

News

4.3879 Ratings

🗓️ 13 November 2021

⏱️ 33 minutes

🧾️ Download transcript

Summary

Handel on the Law, Marginal Legal Advice, Hour 2.

Transcript

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0:00.0

And good morning. Bill Handel here. It is a Saturday morning as we continue on with the show,

0:19.1

8005201534, our legal legal show where I give you the kind of

0:23.9

advice you probably deserve and you don't need but then again hey you know you have

0:29.7

any idea how long I've been doing this good God sometimes it floors me this is

0:37.1

handle on the law marginal legal advice where I tell you you have no case.

0:42.9

Bill Handel here, screaming at you, whatever your name is.

0:46.8

Now, there is a rule of law, and this gets kind of interesting.

0:49.7

And that is intentional, well, either negligent or intentional infliction of emotional distress.

0:56.8

Someone has done something to cause you emotional distress.

1:00.9

And the old rule was that there had to be an accompanying physical injury before emotional distress could kick in.

1:09.4

In other words, it had to be both.

1:13.3

And then emotional distress could kick in. In other words, it had to be both. And then emotional distress became recognized. Well, there are two exceptions which early on changed everything,

1:19.5

where now emotional distress can be argued without any physical injury. One of them was

1:25.9

the mother seeing her child injured, hit by a car, for

1:29.8

example. Mother isn't injured, but is so traumatized that she is clearly under emotional

1:34.9

distress. And has a separate case to sue the driver in that case. So not only you have a wrongful

1:41.4

death claim, but there's also an emotional distress claim.

1:54.5

The other big one is, and this is my favorite one, you're burying Uncle Fred, and on the way to the cemetery plot, Uncle Fred falls out of the casket.

1:56.4

Just right there in front of everybody.

1:58.8

Bottom gives out, and there he is, rolling down the hill.

2:02.9

That is one in which the courts have recognized, okay, I mean, no one's injured unless Uncle Fred falls on you, but emotional

2:09.0

distress does fly, and that's exactly what happened to a family in Massachusetts. The casket

...

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