Intensive project

1.

Case Brief: Lewis v. Westinghouse Electric Corp.
Trubitsyn Iurii
Legal Studies Y3
Facts
Introduction
Purpose:
Legal Facts (Operative Facts)
To demonstrate that reading and analyzing legal cases is straightforward
and manageable
To clearly explain the main components of a standard legal case
To review judicial opinions in order to gain insight into the judges’
reasoning and perspectives
Reasonableness of Lewis’s fear
Rule of the Case
In order to establish a claim for negligent infliction of emotional distress
under the zone of physical danger standard, the plaintiff must have been
close to the danger and had a legitimate fear of being physically harmed.
Tort
A tort is an act or omission that gives rise to injury or harm to another and
amounts to a civil wrong for which courts impose liability
Lewis’s status as a direct victim
Requirement of “high risk of physical impact”
Reasoning
Application of the “ordinary sensibilities” standard
Negligent Action
Research Question
How can the eight elements of a case be applied to analyze an Appellate
Court's opinion?
Conflict Facts (Disputed Characterizations):
Lucille Lewis was stuck in a stalled elevator between floors with
no physical impact; her only alleged injuries were emotional
distress and aggravation of angina.
Lessons Learned / Findings
In order to substantiate their claims and holdings, courts employ three
distinct forms of reasoning
The court dismissed the complaint, ruling that a person of
ordinary sensibilities in that situation would not reasonably fear
suffocation or serious physical harm.
The judicial system is predicated on the doctrine of common law, which
serves as the primary foundation for legal decision-making
Rule application:
According to Rickey v. Chicago Transit Authority, a plaintiff can recover for
NIED if she is in the "zone of physical danger."
the plaintiff must be in "such proximity to the accident" that there is a
"high risk of physical impact" so as to cause the plaintiff reasonable fear
for [her] own safety";
the plaintiff "must show a physical injury or illness as a result of the
emotional distress."
Both conditions must be met.
Slocum v. Food Fair Stores of Florida, Inc. (1958)
• Defendant’s conduct must cause distress to a person of “ordinary
sensibilities”
• Lewis like Slocum is not a person of ordinary sensibilities
• Defendant is not liable for aggravating pre-existing illnesses or physical
injuries
Case Heading
Parties: Lewis (Plaintiff) v. Westinghouse Electric Corporation (Defendant)
Court: Appellate Court of Illinois, 1985
Policy rationale:
The law should not "encourage neurotic overreactions to trivial hurts" but
rather "aim to toughen the psyche of the citizen rather than pamper it."
Citation: 487 N. E. 2d 1071
Issue
Holding
The plaintiff did not state a cause of action for NIED against an elevator
company and housing authority after being stuck in a stalled elevator for 40
minutes.
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NIED
Negligent infliction of emotional distress (NEID) is a tort, defined as
emotional distress caused by negligent action. States differ greatly as to when
they allow a cause of action for NEID and exactly how damages are
calculated
Reasoning by analogy:
Bass v. Nooney Co. (1983)
• This is NOT a case like Bass v. Nooney
• No threat of physical injury or suffocation
• Bass v. Nooney: elevator filled with water threatening drowning and
suffocation
The application of the eight elements of a case has been demonstrated to
facilitate the reading and analysis of court opinions
The main issue is whether Lewis stated a cause of action for negligent infliction
of emotional distress under the zone of physical danger standard established in
Rickey v. Chicago Transit Authority.
Negligence is the failure to behave with the level of care that a reasonable
person would have exercised under the same circumstances
Reasonable Fear of Safety
Applying an objective standard, the court ruled that a stalled
elevator without an immediate threat making Lewis’s fear
unreasonable and insufficient.
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,
Disposition
The Illinois Appellate Court affirmed the trial court's dismissal of Lewis's
complaint