In Payton v. Abbott Labs, the Massachusetts Supreme Judicial Court held that no cause of action exists for negligently inflicted emotional distress absent physical harm. The author analyzes Payton in relation to the historical development of mental and emotional distress in the law of torts. The author argues that the physical harm requirement is arbitrary and unreasonable and that it often precludes the litigation of serious claims.
Gary S. Glickman,
DES and Emotional Distress: Payton v. Abbott Labs,
37 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol37/iss1/7