Rogers v. Louisville Land Co.
Annotate this CaseIn this appeal, Defendants sought a review of the trial court's decision to award Plaintiff compensatory and punitive damages based on the tort of intentional infliction of emotional distress arising out of inadequate maintenance of the cemetery where Plaintiff's son was buried. The court of appeals reversed, holding that Plaintiff had failed to present sufficient proof establishing that she had suffered a serious mental injury, which was a required element of her claim. The Supreme Court affirmed the judgment of the court of appeals and reversed the judgment of the trial court awarding Plaintiff compensatory damages, punitive damages, and attorneys fees, holding that Plaintiff failed to prove intentional infliction of emotional distress because she provided no evidence that she or anyone else suffered serious mental injuries as a result of Defendants' conduct.
Court Description: Authoring Judge: Justice Sharon G. Lee
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