In a recent case before the Supreme Court of Georgia, the court considered whether a plaintiff could recover for emotional distress without any proof of physical injury. According to the court’s opinion, one of the plaintiffs in the case was involved in a crash with the defendant. The evidence presented at trial showed that the defendant failed to stop at a stop sign and crashed into the plaintiff’s car. The plaintiff and his wife sued the defendant alleging negligence and gross negligence. They sought compensation for permanent injuries, past and future pain and suffering, loss of earnings and diminished earning capacity, and loss of consortium and loss of services.
After a jury trial, the jury found in favor of the plaintiffs for a total of $14,550,000, including $7 million for pain and suffering, and $4 million for future pain and suffering. The jury found the husband was 25% at fault, and thus the plaintiffs were awarded the reduced amount of $10,912,500. The defendant appealed the verdict, arguing that the trial court should have given the jury an instruction on the “impact rule.”
The impact rule states that a plaintiff can recover for emotional distress only if there is some impact resulting in physical injury to the plaintiff. Under Georgia law, there are three elements to the impact rule. First, the plaintiff must have suffered some type of physical impact. Second, the physical impact must cause physical injury to the plaintiff. Third, the physical injury must cause the plaintiff’s emotional distress or mental suffering.