I SAW HER STANDING THERE
253
the potential for fraudulent claims being alleged, especially by secondary
victims
.
92
Restricting recovery for the economically definable consequen-
ces of emotional losses would largely prevent these potential fraudulent
claims. Moreover, public policy favors not allowing a defendant in mere
negligence cases to be liable for an unlimited amount to such secondary
victims. And, by limiting the
level of damages
awards paid out to secondary
victims, the law could afford simultaneously to increase the
number of sec-
ondary victims
who are compensated, by ensuring that the current bar on
compensation for lack of a fortuitous impact is removed.
A graphical representation of this paper’s proposals may be found in
Figure 1, below.
VII. Conclusion
The impact rule has dominated Florida NIED jurisprudence for 119 years,
despite its original case begging for legislative guidance to fix the prob-
lem of pure emotional loss awards
.
93
Cases decided more recently have
served to weaken the original rule in two ways: first by providing groundless
reasons to circumvent the rule’s application and, second, by straying ever
further from its intended purpose
.
94
Florida adopted the impact rule to prevent speculative jury awards for
damages that were difficult to recognize and appreciate in the late nine-
teenth century. However, the evolution of psychological techniques has
92
Champion v. Gray
,
.
93
International Ocean Telegraph Co. v. Saunders
,
.
94
Willis v. Gami Golden Glades, L.L.C.
,
.
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