I SAW HER STANDING THERE
231
the “case-by-case approach,” required by the myriad of exceptions to the
rule, has undermined the stability of NIED jurisprudence
.
40
In a separate concurrence, Justice Raoul G. Cantero also highlighted the
puzzling nature of trying to apply the impact doctrine, arguing that “con-
structing a predictable jurisprudence from [the exceptions to the impact
rule] is impossible”
.
41
He pointed out that the “steady stream of certified
questions for this Court to answer” is strong evidence of the confusion that
the Court’s jurisprudence has created
.
42
Revolver: Willis v. Gami Golden Glades, LLC.
Perhaps the most alarming instance of the impact rule’s application came
in a case in which the plaintiff met the rigid standard of the impact rule. In
Willis v. Gami Golden Glades, LLC.
,
43
the plaintiff arrived at a hotel and
was informed there was no parking available in the adjacent lot. Despite
the plaintiff’s concerns about parking off-site, a security guard instructed
her to do so and assured the plaintiff of the other lot’s safety. After parking
her vehicle, Mrs. Willis was held-up at gunpoint and robbed; during this
robbery the perpetrator both touched Mrs. Willis’ forehead with the barrel
of the gun and “placed his hands on her.” As a direct result of the incident,
Mrs. Willis suffered severe emotional and psychological injuries. This case
is so alarming because the recognized psychological trauma suffered by
the plaintiff would not have been compensable had the perpetrator of the
crime failed to touch Mrs. Willis with his hands or the gun.
40
.
41
Id
. at 210–12.
42
Id
. at 212.
43
Willis v. Gami Golden Glades, LLC.
,
.
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