Indiana court expands who can get emotional distress damages

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INDIANAPOLIS (AP) — A ruling by the Indiana Supreme Court has expanded the limited number of people who are eligible to recover damages in lawsuits alleging negligent infliction of emotional distress.

The Times of Northwest Indiana reports that in a 3-2 decision released Dec. 22, Indiana’s high court said it’s now allowing a parent or guardian to seek damages from a child caretaker when the parent or guardian discovers, with irrefutable certainty, that the caretaker sexually abused their child and that abuse severely impacted the parent or guardian’s emotional health.

The new rule arose from a case involving a disabled child’s sexual assault by an instructional assistant at a Marion County school.

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