Climate Change Project

Table of Contents



Damages/Medical Malpractice

Asaro v. Cardinal Glennon Memorial Hosp., 799 S.W.2d 595 (Mo. 1990)

What is the procedural history?

What are the facts and why did plaintiff suffer the emotional injury?

Is the only possible claim for recovery?

What is the impact rule and how was it modifed by Bass v. Nooney?

What are the elements of recovery under Bass?

How are the Bass facts different from this case?

What Restatement section does Bass track?

Why is Bass not good precedent for this case?

Why was the court willing to abandon the impact rule in Bass?

What is the Dillon Standard?

What were some of the variants of Dillon?

What did the Ca court say in Thing v. La Chusa?

What is the Thing v. La Chusa, Standard?

What is the zone of danger standard?

How does it differ from Dillon?

Why is the zone of danger preferable to an eyewitness standard?

What is the Mo standard for negligent infliction of emotional distress?

Why does plaintiff's claim fail under this test?

What are the facts the dissent presents about Martinez v. Long Island Jewish Hillside Medical Center?

How did the NY court analyze that case?

How would you distinguish it from this case so it is consistent with the majority opinion?

What happened in the worker's comp case the dissent quotes?

How might that case be distinguished?

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