Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement. He dies in his mother's arms, leaving her traumatized. The court hearing the case rules that Martha's son was "not responsible for the accident." Martha can sue the person who killed her son to recover damages for ________.
A) breach of duty of care
B) negligent infliction of emotional distress
C) transfer of intent
D) tort of outrage

Question

Quizplus · Accepted Answer

Negligent infliction of emotional distress. Martha can sue the person who killed her son for the emotional distress caused by the accident. This is known as negligent infliction of emotional distress, which is a tort that allows recovery of damages for emotional harm caused by the defendant's negligent conduct. Breach of duty of care and tort of outrage are also types of torts, but they do not apply to this specific scenario. Transfer of intent is not relevant in this case as well.

Martha Is Walking Along a Street with Her Son When