A form of pleading whereby the pleader alleges two or more independent claims or defenses that are not necessarily consistent with each other, such as alleging both intentional infliction of emotional distress and negligent infliction of emotional distress based on the same conduct. Fed. R. Civ. P. 8(e)(2). — Also termed pleading in the alternative. […]
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Shock caused by agitation of the mental senses and resulting in extreme grief or joy, as by witnessing the horrific death of a family member or winning the lottery. Cf. EMOTIONAL DISTRESS.
dignitary, adj. Of or relating to one’s interest in personal dignity, as contrasted with one’s interest in freedom from physical injury and property damage. • Tort actions that compensate a plaintiff for a dignitary insult rather than physical injury or property damage include false-light privacy and negligent infliction of emotional distress. dignitary, n. 1. A
shock, n. A profound and sudden disturbance of the physical or mental senses; a sudden and violent physical or mental impression depressing the body’s vital forces, as by a sudden injury or medical procedure. mental shock. Shock caused by agitation of the mental senses and resulting in extreme grief or joy, as by witnessing the
impact rule. Torts. The common-law requirement that physical contact must have occurred to allow damages for negligent infliction of emotional distress. • This rule has been abandoned in most jurisdictions. — Also termed physical-impact rule. [Cases: Damages 50. C.J.S. Damages § 96; Torts §§ 74, 80–81, 83.]
wrongful adoption. 1. An adoption in which the adoption agency fails to provide adoptive parents with full or accurate information regarding the child’s physical or psychological background. • The adoptive parents normally do not seek to nullify the adoption. Rather, they seek damages, usu. for medical care and for emotional distress. 2. An adoptive parent’s
sodomy (sod-[schwa]-mee), n. 1. Oral or anal copulation between humans, esp. those of the same sex. [Cases: Sodomy 1. C.J.S. Sodomy §§ 2–6.] 2. Oral or anal copulation between a human and an animal; bestiality. — Also termed buggery; crime against nature; abominable and detestable crime against nature; unnatural offense; unspeakable crime; (archaically) sodomitry; (in
pain and suffering. Physical discomfort or emotional distress compensable as an element of damages in torts. See DAMAGES. [Cases: Damages 31, 48. C.J.S. Damages §§ 92, 94; Torts § 66.]
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