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October 1, 1998

Ohio High Court Permits Employee Negligence Suits For Emotional Distress

In Bunger v. Lawson Co., an employee was working alone at a convenience store when the store was robbed. The employee claimed she suffered psychological injury as a result of the robbery, claimed she was forced to seek alternate employment and claimed she incurred medical bills during treatment for post- traumatic stress syndrome. The employee's workers' compensation claim for the psychological injuries was denied. She then filed a negligence action against her employer, alleging her emotional injuries were due to the employer's negligence.

The court ruled to recover for negligent infliction of emotional distress, a plaintiff must have experienced a dangerous accident or been in physical danger such as in this case since she had been in danger from the robbery.

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