CLIENT ALERT – Maryland Court of Special Appeals Delivers Win for Emotional Distress Victims

In a case involving somewhat unusual facts, the Maryland Court of Special Appeals revived a recovery for victims who suffered emotional distress without physical harm.

A Harford County family was home at night, fast asleep.  A drunk driver lost control of his truck and smashed into the family home, crashing through the garage and below the children’s bedrooms.

Every member of the household suffered some form of post-traumatic stress, anxiety, or mental anguish. One member of the family, a veteran, suffered extreme PTSD when the crash noisily woke him from his sleep.  The overwhelming evidence established that the family felt unsafe inside their home and were otherwise worried for their safety.

The family, while physically unharmed, sued the driver for emotional distress.

The Harford County trial court, known for being one of the more conservative trial courts in Maryland, ruled in favor of the drunk and negligent driver in a pretrial motion, never even permitting the case to go to trial.  The trial court ruled that emotional injury, in the absence of physical injury, was not recoverable.

The family appealed.  Maryland’s appeals court ruled that a “personal safety” exception applies to permit this family to seek recovery at trial.  Because the family experienced reasonable fear for their safety, they could pursue a claim for emotional distress even in the absence of physical injury.  The trial court was reversed and the family will indeed get their day in court. This ruling opens the door to other individuals who might suffer mental and emotional distress despite suffering no physical injuries.

The full July 28, 2022 opinion can be accessed here.

Please feel free to reach out to BDBF Partner Dan Shaivitz at (301) 656-1177 or dshaivitz@bulmandunie.com if you have been the victim of an accident that has left you suffering the effects of PTSD, anxiety, and emotional distress.