[Download] "Gracey V. Eaker" by Florida Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Gracey V. Eaker
- Author : Florida Supreme Court
- Release Date : January 19, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
We have for review Gracey v. Eaker, 747 So. 2d 475 (Fla. 5th DCA 1999), in which the district court affirmed the dismissal of an action initated by the petitioners, Donna and Joseph Gracey ("Graceys"), a couple allegedly injured by the counseling activities of a psychotherapist, against Dr. Donald W. Eaker ("Eaker"). The Graceys sought the recovery of emotional distress damages that were allegedly inflicted by Eaker's actions in revealing the most confidential of information disclosed to him by each individual during and only as part of a confidential and fiduciary relationship. In affirming the dismissal of the Graceys' action, the district court held that their complaint sounded in negligence and failed to adhere to the "requirement [of the impact rule] that some physical impact to a claimant . . . be alleged and demonstrated before the claimant can recover [emotional distress] damages." Id. at 477.