10: I S
Why Should I Have to Touch Her to
Recover for My Emotional Injuries?
Michael J. Labbe
Negligent infliction of emotional distress (NIED) cases in Florida are liter-
ally inches away from being completely barred. No matter how grave the
damages sustained or how clear the breach of a duty, pure emotional dis-
tress awards remain contingent not upon their validity, reality, or severity,
but upon whether or not the plaintiff suffered some nebulous impact.
Florida law currently prohibits recovery by victims who suffer purely emo-
tional or psychological damage that occur without an “impact.
jurisdictions abandon this “impact rule,
Florida continues to adhere to it,
1 © 2012, Michael J. Labbee. All rights reserved. Notes and Comments Editor, Stetson
Law Review. B.S., University of Central Florida, 2010. J.D. Candidate, Stetson Univer-
sity College of Law, 2013. The Author would like to thank Professor Timothy Kaye for
his helpful feedback and support throughout the writing process.
Willis v. Gami Golden Glades, L.L.C.
Zell v. Meek
Hagen v. Coca Cola Bottling Co.