PBCBA BAR BULLETINS pbcba_bulletin_February 2019 | Page 22

Past Presidents’ Cocktail Reception
F RIDAY , M ARCH 8
5:30 p.m. to 7:00 p.m.
L AKE P AVILION - 101 S OUTH F LAGLER D RIVE - W EST P ALM B EACH
PBCBA Members $35.00
Spouses $50.00 - Judiciary
Complimentary
Cocktails and heavy
hors d’oeurves will be served
RSVP O NLINE @ P ALM B EACH B AR .O RG
SAVE THE DATE!
Personal Injury (Con’t. from pg 12)
from the psychic trauma was considered.
The Elliott court was faced with the
question of whether headaches, diabetes,
sleep apnea, stress, insomnia, anxiety, loss
of appetite, hair loss and bowel trouble
were the sort of discernible physical
injuries discussed in both Champion and
Zell. The Appellate Court concluded that
these were not sufficient physical injuries
to justify a cause of action of negligent
infliction of emotional distress. However,
the Court emphasized that there was no
medical testimony offered to tie these
complaints to the psychic trauma. In
Langbehn v. Public Health Trust of Miami
Dade County, 661 F. Supp 2d 1326 (So. Dist.
Fla. 2009), the federal court concluded that
stomach pain, nausea, exacerbation of pre-
existing multiple sclerosis, nightmares,
severe depression, and post-traumatic
stress disorder was sufficient to satisfy the
impact rule.
However, in LeGrand v. Emmanuel, 889
So.2d 991 (Fla. 3rd DCA 2004), the Third
District found that exacerbation of pre-
existing diabetes and memory loss was
wholly insufficient to support a cause of
action for negligent infliction of emotional
distress.
Real Estate (Con’t. from pg 16)
In Gonzalez-Jimenez de Ruiz v. U.S., 231
F.Supp. 2d 1187 (M. D. Fla. 2002), the Court
concluded that aggravation of pre-existing
conditions such as diabetes and asthma
were insufficient to satisfy the impact rule
in consideration of negligent infliction of
emotional distress.
Thus, the case law is equivocal about just
what kind of injury is necessary to satisfy
the Supreme Court’s standards. What is
absolutely clear is that medical testimony
is necessary to tie the physical injuries to
the psychic trauma to survive dismissal.
YLS 5KComing Soon
March 30th, 2019
PALMBEACHBAR.ORG
22
Harris v. The Bank of New York Mellon, Case
No. 2D17-2555 (Fla. 2d DCA 2018).
The Second District adopts Madl v. Wells
Fargo Bank, N.A., 244 So. 3d 1134 (Fla. 5th
DCA 2017) and holds that attorney’s fees
may be awarded to a borrower even when
a foreclosing lender fails to establish
standing.
Bank of New York v. Obermeyer, Case No.
3D18-700 (Fla. 3d DCA 2018).
Travel costs are typically not awarded as
part of an award of attorney’s fees but may
be awarded as a sanction.
Grant v. Citizens Bank, N.A., Case No. 5D17-
726 (Fla. 5th DCA 2018) (en banc).
The Fifth District recedes from Velden v.
Nationstar Mortgage, LLC, 234 So. 3d 850
(Fla. 5th DCA 2018), and holds that plaintiffs
are not limited to recovering more than five
years of damages from date of breach in
installment obligation cases