Bar Exam — MBE (Multistate Bar Exam)TortsHard
A driver, while hurrying to an appointment, sped through a yellow light just as it turned red. He narrowly avoided colliding with a car legally entering the intersection from the cross street. Although no collision occurred, the driver of the other car, a passenger with a pre-existing anxiety disorder, suffered a severe panic attack requiring emergency medical attention. Can the speeding driver be held liable for the passenger's panic attack?
- AYes, because the speeding driver's actions were the actual cause of the panic attack.
- BNo, because the panic attack was not a foreseeable consequence of speeding through a yellow light.
- CYes, under the zone of danger rule for negligent infliction of emotional distress.
- DNo, because there was no physical impact between the vehicles.
Show answer & explanationAnswer & explanation
Correct answer: C. Yes, under the zone of danger rule for negligent infliction of emotional distress.
The 'zone of danger' rule allows recovery for negligent infliction of emotional distress if the plaintiff was in the immediate risk of physical harm due to the defendant's negligence and suffered severe emotional distress as a result. Here, the passenger was in the car that was 'narrowly avoided' by the speeding driver, placing them within the zone of danger.
Why the other options are wrong
- A. While actual cause might exist, proximate cause (foreseeability) is a significant hurdle, and the 'zone of danger' rule provides a specific pathway for recovery in NIED cases.
- B. While a panic attack might seem less foreseeable than physical injury, the 'zone of danger' rule specifically addresses emotional distress arising from being in peril, even without physical impact.
- D. Physical impact is not always required for NIED, especially under the zone of danger rule.
Negligent Infliction of Emotional Distress (Zone of Danger)
Allows recovery for severe emotional distress if the plaintiff was in the immediate zone of physical danger from the defendant's negligent act and suffered distress as a result.
- Plaintiff must be in the 'zone of danger' (feared for their own physical safety).
- Plaintiff must suffer severe emotional distress.
- Many jurisdictions also require physical manifestations of the distress.
Memory trick: Danger Zone Distress: Close Call, Deep Fear.