Toney v. Chester Co. Hosp. (concurring)
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The Supreme Court granted review of this case to consider whether a cause of action for negligent infliction of emotional distress (NIED) exists where the emotional distress results from a "negligent breach of a contractual or fiduciary duty," absent physical impact or injury. After review of the development of the tort of NIED under Pennsylvania law and that of other states, the Court concluded that it was appropriate to extend liability for the infliction of emotional distress to a limited "species" of cases. Specifically, the Court suggested that NIED was not available in "garden-variety breach of contractual or fiduciary duty cases," but only in those cases where there exists a special relationship where it is foreseeable that a breach of the relevant duty would result in emotional harm so extreme that a reasonable person should not be expected to endure the resulting distress. The Court further concluded that recovery for NIED claims does not require a physical impact.
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