Maine
How Cohen v. City of New York applies in Maine: state-specific rules, key cases, and bar exam notes for Torts.
Maine follows similar principles as established in Cohen v. City of New York regarding negligent infliction of emotional distress (NIED). The state recognizes a cause of action for emotional distress in cases where physical impact may not be present, provided the plaintiff meets specific criteria.
In Maine, the rule for NIED requires the plaintiff to demonstrate that the emotional distress resulted from a breach of a legal duty that caused physical harm or was directly connected to the defendant's negligent conduct.
The court held that a plaintiff could recover for emotional damages arising from an emotional trauma caused by witnessing a traumatic event involving a family member.
This case affirmed that a claim for NIED could be established if the plaintiff was present at the scene of an accident and sustained emotional injury.
The court held that a plaintiff can recover for emotional distress if a close relationship with an injured party is proven and the distress is significant and severe.
Maine's approach to NIED closely mirrors the federal standards set out in Cohen, recognizing the importance of both the relationship between the plaintiff and the defendant and the nature of the distress suffered. However, Maine courts may place greater emphasis on the necessity of proving an immediate physical impact or a close relational connection to the injured party.
Issues related to NIED stemming from Cohen are often tested on the Maine bar exam, particularly regarding the relationship between duty and emotional harm.