Dillion V. Burd Case Analysis

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I am a Junior Associate working for Mr. Kdazari and he has asked me to write on his behalf to consider the unfortunate accident that occurred involving your younger sister and examine what legal options you have moving forward. It was a pleasure meeting you at the preliminary interviews, although I wish it could have been under better circumstances. After reviewing the facts discussed in our preliminary interview and researching similar cases, I feel that we have a lot of strong points to present to the court. There is also the option would be to approach a settlement agreement with the driver, which has as many advantages and disadvantages as bringing this case to court. I’m going to walk through the facts of the case, and discuss certain cases that are similar in order to help display some of the advantages and disadvantages you will want to consider moving forward.…show more content…
Burd, discusses whether emotional distress claims are valid to bring to court as a result of witnessing battery. In this specific case, the Plaintiff appealed to the Supreme Court of Pennsylvania, arguing that witnessing her daughter getting stuck by a car, which resulted in her daughter’s death, caused a strain on her mental and emotional health. The Court reversed the trial court’s decision for numerous reasons and used a standard set up in a previous California Supreme Court case. The case, Dillion v. Legg, provided the specifics that would allow a person to bring such a case to court. A Plaintiff can rightfully bring a case for negligent infliction of emotional distress caused by witness a battery if the person is near the scene of the accident, if the shock of the accident directly caused the emotional distress, and if there was close relations with the person who witnessed the accident and the victim of the battery. These factors, when related back to the specific facts of your case, can help provide us with the best approach we can take with bringing this trial to

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