CHAMPION v. GRAY

No. 81-1309.

420 So.2d 348 (1982)

Walton D. CHAMPION, As Personal Representative of the Estate of Joyce Caroline Champion, Deceased, Appellant, v. Roy Lee GRAY, Jr.; Roy L. Gray; Gladys Gray; Dixie Insurance Co., etc.; and Florida Farm Bureau Casualty Insurance Company, Etc., Appellees.

District Court of Appeal of Florida, Fifth District.

October 6, 1982.


Attorney(s) appearing for the Case

Ann G. Paschall, of McClung & Paschall, Brooksville, for appellant.

Chris W. Altenbernd, of Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., Tampa, for appellee Florida Farm Bureau Cas. Ins. Co.

Gary M. Witters, of Allen, Dell, Frank & Trinkle, Tampa, for appellees, Gray, Jr., Gray and Dixie Ins. Co.


DAUKSCH, Judge.

At issue in this appeal is the complex question of whether a plaintiff should be allowed to recover for the physical consequences of a mental or an emotional disturbance caused by a negligent act in the absence of physical impact upon the plaintiff. The rule in Florida is that absent physical impact upon the plaintiff, damages may not be recovered for mental anguish or physical injury resulting from emotional stress caused by the negligence of another...

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