MEMORANDUM
FROM: Alexandra Associate
TO: Patricia Partner
DATE: September 21, 2014
Re: Assignment
DISCUSSION[1: For the professor's instruction this memorandum omits questions presented, brief answer and statement of facts. ]
The cause of action for negligent infliction of emotional distress ("NIED") requires proof of the following four elements: the death or serious physical injury of another caused by defendant's negligence; a marital or intimate, familiar relationship between plaintiff and the injured person; observation of the death or injury at the scene of the accident; resulting severe emotional distress. Portee v. Jaffee, 84 N.J. 88, 101 (1980). This memorandum will focus on one element, "intimate, familiar relationship". As set forth below, the court is likely to find this element is met in the instant case.[2: For the professor's instruction this memorandum omits the other three elements of NIED claim.]
The court is likely to find that Mr. Achten and Mrs.
Hennessee had the type of "intimate, familial" relationship required for a NIED claim, because they had strong emotional bonds and cohabited. An intimate, familial relationship should be stable, enduring, substantial, and mutually supportive. See Dunphy v. Gregor, 136 N.J. 99, 111 (1994). Unmarried couples who have strong emotional bonds and cohabit satisfy the "intimate, familial relationship" required for the NIED claim to proceed. Id . Comment by Author: Identify the subfactor first the nwhether met Comment by Author: Finish with thesis or conclusion
The court is likely to find strong emotional bonds. Comment by Author: Avoid staring a new secton at the very end
Persons with strong emotional bonds could satisfy the "intimate familial relationship" requirement. Ozdemir v. Somerset Med. Ctr., No. 3:02-CV-1600, 2007 WL 1988731, at *6 (N.D.N.Y. July 3, 2007). Persons who support each other and have emotional reliance on each other could have...