A ruling by the Indiana Supreme Court has expanded the limited number of people who are eligible to recover damages in lawsuits alleging negligent infliction of emotional distress.
Indiana lawsuits seeking damages for emotional distress typically can only be pursued by a person who suffers a direct physical injury, suffers an injury that also injures or kills a third-party, or witnesses a relative’s death or severe injury immediately after it occurs.
But in a 3-2 decision released Dec. 22, Indiana’s high court said it is also now allowing a parent or guardian to seek damages from a child caretaker when the parent or guardian discovers, with irrefutable certainty, that the caretaker sexually abused their child and that abuse severely impacted the parent or guardian’s emotional health, The (Northwest Indiana) Times reported.
The new rule arose from a case involving the sexual assault of a profoundly disabled child…
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