Court of Appeals Affirms Defense Verdict in Negligent and Intentional Infliction of Emotional Distress Claim

August 18, 2017

Daniel W. Glavin recently prevailed in the Court of Appeals of Indiana when it affirmed the favorable jury verdict for OMW’s client in a case alleging intentional and negligent infliction of emotional distress. The involved claims of sub-par embalming of human remains. On appeal, it was argued that the trial court improperly allowed evidence of independent intervening cause and improperly instructed the jury on that issue. The Court of Appeals held that the plaintiffs had waived any objection to the admission of evidence and that the trial court had not abused its discretion admitting the evidence or instructing the jury.