HERLONG AVIATION, INC., PETITIONER,
v.
RAY W. JOHNSON AND RITA L. JOHNSON, HIS WIFE, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida Supreme Court held that a plaintiff cannot recover for mental pain and anguish absent physical impact, quashing the District Court's decision to the extent it permitted such recovery.
A plaintiff cannot recover for mental pain and anguish in the absence of physical impact.
[1] A plaintiff cannot recover damages for mental pain and anguish absent physical impact, establishing the impact rule as controlling Florida law.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceHerlong Aviation sought recovery for mental pain and anguish from the Johnsons. The District Court reversed summary judgment and reinstated the compla…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Impact Rule cases and more on FLexlaw
PER CURIAM.
This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Second District, reported at 271 So. 2d 226. The District Court has certified its decision as one passing on a question of great public interest, to-wit:
“Can a plaintiff recover for mental pain and anguish in the absence of impact?”
The District Court, in reversing summary judgment for defendants and reinstating plaintiff’s complaint, answered the certified question in the affirmative, but recognized that such result was at variance with the controlling precedent in Florida.
The issue presented on certification has been fully considered by this Court and answered in the negative in Gilliam v. Stewart, 291 So. 2d 593. We are therefore compelled to quash the decision of the District Court insofar as it permits a plaintiff to recover for mental pain and anguish in the absence of impact. Specifically, the reinstatement by the District Court of Count III of the plaintiff’s complaint was error. In all other respects, the decision below is approved, and the cause is remanded to the District Court for further proceedings not inconsistent with this opinion.
It is so ordered.
CARLTON, C. J., and ROBERTS, BOYD and DEKLE, JJ., concur. ERVIN, ADKINS and McCAIN, JJ., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Selfe v. Smith, 397 So. 2d 348 (Fla. 1st DCA 1981)…ned plaintiff damages for only that mental distress which is due to plaintiff’s own injury, or to the traumatic event considered in relation to plaintiff alone. E. g., Gilliam v. Stewart, 291 So. 2d 593 (Fla.1974); Herlong Aviation, Inc. v. Johnson, 291 So. 2d 603 (Fla.1974); Woodman v. Dever, 367 So. 2d 1061 (Fla. 1st DCA 1979); Ellington v. United States, 404 F.Supp. 1165 (M.D.Fla.1975). That fact, coupled with the principle that a parent’s recovery for injury to his child is limited to pecuniary losses of…
-
Brooks v. S. Broward Hosp. Dist., 325 So. 2d 479 (Fla. 4th DCA 1975)…held that there can be no recovery for mental anguish or emotional distress unaccompanied by any physical impact or physical injury to the plaintiff, in the absence of wantonness, wilfullness or malice. See, e. g., Herlong Aviation, Inc. v. Johnson, 291 So. 2d 603 (Fla.1974); Crane v. Loftin, 70 So. 2d 574 (Fla.1954); Kirksey v. Jernigan, 45 So. 2d 188, 17 A.L.R.2d 766 (Fla.1950); Carter v. Lake Wales Hospital Association, Inc., 213 So. 2d 898 (2nd DCA Fla.1968) ; Kimple v. Riedel, 133 So. 2d 437 (2nd DCA Fla…
-
Cadillac Motor CAR Division v. Brown, 428 So. 2d 301 (Fla. 3d DCA 1983)…he verdict, because there was no impact upon which damages for mental distress could be awarded.2 Butchikas v. Travelers Indemnity Company, 343 So. 2d 816 (Fla. 1977); Gilliam v. Stewart, 291 So. 2d 593 (Fla.1974); Herlong Aviation, Inc. v. Johnson, 291 So. 2d 603 (Fla.1974); Clark v. Choctawhatchee Electric Co-operative, Inc., 107 So. 2d 609 (Fla.1958); Crane v. Loftin, 70 So. 2d 574 (Fla.1954); Kirksey v. Jernigan, 45 So. 2d 188 (Fla.1950); Durahoo v. Bess, 146 Fla. 182, 200 So. 541 (Fla.1941); Internationa…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gilliam v. Stewart, 291 So. 2d 593 (Fla. 1974)
- Johnson v. Herlong Aviation, Inc., 271 So. 2d 226 (Fla. 2d DCA 1972)