INTERNAL MEMORANDUM
Attorney Work Product
Privileged & Confidential
TO:
Junior Associate
FROM:
Senior Partner
DATE:
August 14, 2020
RE:
Jose Corddry; Potential Action for Negligent Infliction of Emotional
Distress
Our office represents Jose Corddry, a childcare provider for two children, who lives
in New York City. Mr. Corddry reached out to us after witnessing a traumatic event
involving one of the children in his care. On February 15, 2020, one of the children
fell off an airboat in Collier County, Florida, and was seriously injured by the fall
and by an impact with the boat’s propeller engine. Mr. Corddry was not injured in
the accident, but shortly afterward, he began to exhibit physical injuries brought on
by extreme stress and emotional trauma.
You will find the relevant facts in the attached case file, which includes the following
documents: an email exchange between our Florida and New York offices; a
transcript of our meeting with Mr. Corddry; a letter and report from Mr. Corddry’s
doctor; a news story about the accident; and the incorporation documents for the
airboat company.
We are considering filing a lawsuit against the airboat operator for negligent
infliction of emotional distress. Because the accident occurred in Florida, Florida
state law is binding. Also, because the parties are citizens of different states—Mr.
Corddry lives in New York City and the airboat company is based in Florida—we
would file the lawsuit in federal court, in the Middle District of Florida, based on
diversity jurisdiction. The Middle District of Florida has jurisdiction over Collier
County, Florida, where the accident occurred and the airboat company is
incorporated.
In Florida, if a plaintiff has not suffered an impact, a negligent infliction of emotional
distress claim requires four elements: “(1) the plaintiff must suffer a physical injury;
(2) the plaintiff's physical injury must be caused by the psychological trauma; (3)
the plaintiff must be involved in some way in the event causing the negligent injury
to another; and (4) the plaintiff must have a close personal relationship to the directly
injured person.” Zell v. Meek, 665 So. 2d 1048, 1054 (Fla. 1995).
Based on preliminary research, I have found and attached the above-referenced case
and three others. While we continue to gather the relevant facts, please prepare a
partial memorandum and complete memorandum analyzing whether Mr. Corddry is
likely to establish the first element—that he suffered a physical injury. Focus your
analysis of the physical injury element on the following: whether the injury is
demonstrable and objectively discernible, and whether the injury is more than a
common ailment or psychological harm. Please incorporate all four cases, and rely
on the facts in the case file and the instructions below.
Partial and Complete Memoranda
LComm I—Professor Zuckerman
Heading and Question Presented Due Week 3
Partial Memo Due Week 4
Complete Memo Due Week 7
For the first major LComm I assignment, you will write a legal memorandum. First,
you will start by writing a heading and question presented. Next, you will write a
partial memorandum with a heading, question presented, brief answer, and the first
three parts of the CREAC analysis: Conclusion, Rule, and Explanation. After I
provide feedback on the partial memorandum, you will write a complete
memorandum with a heading, question presented, brief answer, statement of facts,
and discussion section with a complete CREAC analysis.
The final graded assignments for this course will build on these ungraded
assignments. Thus, the work you complete in these first few weeks—in analyzing the
legal authorities and writing your partial and complete memos—can influence your
final LComm I grade.
Instructions
Format
The partial memo assignment has a strictly enforced limit of four pages. The
complete memo assignment has a strictly enforced limit of eight pages. The integrity
certification is the only section excluded from the page limit. The memos should be
in 14-point Times New Roman font with one-inch margins, page numbers at the
bottom center of each page after page one, full-justified margins, and double
spacing.
Integrity Certification
Add the following certification at the bottom of the assignments, if you can do so
honestly:
I certify that I have complied with the academic integrity requirements of the School
of Law Honor Code and the instructions and policies set forth by my professor. I
have neither given nor received any unauthorized assistance in preparing this
assignment. [Your Name]
Submission
Save your assignments in .doc or .docx with a filename that includes your last name
(e.g., SmithPartialMemo). Be prepared to discuss your heading and question
presented in class in Week 3. Submit your partial memo to the Blackboard
Assignment Drop Box for “Partial Memo” before class Week 4. Submit your
complete memo to the Blackboard Assignment Drop Box for “Complete Memo”
before class Week 7.
Refer to your Syllabus for information regarding the consequences of missing a
deadline or failing to follow instructions. If Blackboard is down when the
assignment is due, you may email the document me. Do not email the document
unless Blackboard—not your computer—is down. Personal computer problems are
not a legitimate excuse for missing the deadline.
Good-Faith Effort Required
You must make a good-faith effort on ungraded assignments. Failing to do so can
result in a deduction from your professionalism score and your final grade for the
course. I may also ask you to do additional work or complete another assignment.
Most important, a good-faith effort is required for you to fully benefit from these
ungraded assignments and master the learning objectives for this course.
Collaboration & Academic Integrity Rules
You are expected to follow the Honor Code and Syllabus when completing these
assignments. Refer to those documents for more information on the consequences
of inappropriately using others’ work and failing to properly attribute ideas.
If you have any questions or concerns about this assignment, you may talk to your
LComm professor. You may also talk to other students in your LComm section about
the legal authorities relevant to this assignment or the general approach to your
analysis. You may not speak or consult with anyone else, including friends, partners,
or family members.
You must write your own assignment. You must not read, copy, or review another
student’s work (whether digital or hardcopy), and you must not have another student
(or anyone else) read, copy, or review your work. These rules cover not only the
substance of your written work, but also the organizational structure, grammar,
punctuation, style, citations, and other aspects of your writings. Because we will
work on similar assignments throughout the semester, this prohibition includes both
pending and completed written assignments.
Evaluation
The partial and complete memo assignments will be evaluated based on the
following criteria:
Professionalism
1. Follows all instructions and formatting requirements for the assignment.
2. Submits assignment correctly and on time.
Heading & Document Organization
1. Includes the recipient’s name, the author’s name, the proper date, and a useful
subject line.
2. Includes all sections of a legal memorandum in the correct order with properly
formatted section headings.
Question Presented
1. Provides jurisdiction, legal rule, and legally significant facts.
2. States question to allow for yes-or-no answer.
Brief Answer
1. Provides yes-or-no answer that is qualified appropriately.
2. Provides brief explanation, including a concise summary of the relevant law and
analysis.
Statement of Facts
1. Develops relevant background giving rise to dispute.
2. Develops well-organized and objective factual story.
3. Concisely describes relevant facts, both favorable and unfavorable.
4. Omits irrelevant facts, argument, and legal discussion.
5. Ends with a transition to introduce the analysis.
Discussion (Note: Only nos. 1-6 apply to the partial memo assignment)
1. Organizes discussion logically using framework for legal analysis (CREAC).
2. Uses paragraphs, thesis statements, and transitions to tie analysis together.
3. Begins with a Conclusion that identifies the precise legal issue, states a prediction
on the outcome, and provides a supporting reason.
4. Accurately identifies the controlling Rule(s).
5. Identifies and synthesizes the controlling law.
6. Explains and illustrates the controlling law using relevant cases and legal
principles.
7. Analyzes the client’s facts by applying the controlling law.
8. Draws relevant analogies and distinctions that are specific, substantive, and
parallel to provide a fully developed Analysis.
9. Includes a fully developed counter-analysis with relevant analogies and
distinctions.
10. Provides a resolution following the counter-analysis.
11. Ends with a Conclusion that identifies the precise legal issue, states a prediction
on the outcome, and provides a supporting reason.
Writing Style
1. Uses headings, transitions, topic sentences, and thesis statements.
2. Has no spelling, grammar, punctuation, or typographical errors.
3. Uses objective tone.
4. Uses direct, plain language and active voice.
Citation
1. Cites authority for all legal propositions and case references.
2. Uses appropriate form, placement, and frequency.
3. Follows The Bluebook or Florida Rule of Appellate Procedure 9.800, as
appropriate.
MEMORANDUM1
TO:
Professor Zuckerman
FROM:
Student name
DATE:
Submission date
RE:
Client name; file number; a phrase identifying the legal issue
Question Presented
Under … [state the controlling law], … does … [state the legal issue] … when
… [state key facts]?
Brief Answer
State the direct answer to Question Presented immediately: yes, no, probably
yes, or probably not. Then summarize the rule(s) of law governing the issue. Then
summarize the reasoning that supports your answer. Include specific references to
facts. Do not include citations to legal authority.
Discussion
Conclusion2: The first sentence(s) should state your conclusion on the legal
issue in the Question Presented.
Rule:
The rule section follows the conclusion sentence(s) so that both of
these sections make up the first paragraph of your Discussion. In the rule section,
1
This is the template for the partial memorandum.
The terms in bold are for guidance purposes only. Do not write out Conclusion, Rule, Explanation, etc. in your
memo.
2
you should set forth the relevant broad rule(s) relating to the legal issue, with
citations to statutes and/or cases. Remember to define key terms.
Explanation: The rule explanation section includes several paragraphs and
shows how courts have applied the rule of law in other cases. Each paragraph should
begin with a thesis sentence, typically stating a narrow rule from the case you are
explaining. Use case descriptions that illustrate and support the thesis sentence.
Include key facts, the court’s holding, and the court’s reasoning. Remember to
include appropriate citations.
Consider the appropriate depth of treatment for each case. For example, if you
are using two cases for the same narrow rule, the same paragraph can include a case
description for the best case and a citation with an explanatory parenthetical for the
other case. Do not discuss your client’s case in the rule explanation section.
[Add Integrity Certification and your name here.]
[insert page number here]
MEMORANDUM3
TO:
Professor Zuckerman
FROM:
Student name
DATE:
Submission date
RE:
Client’s name; file number; and a phrase identifying the legal issue
Question Presented
Under … [state the controlling law], … does … [state the legal issue] … when
… [state key facts]?
Brief Answer
State the direct answer to Question Presented immediately: yes, no, probably
yes, or probably not. Then summarize the rule(s) of law governing the issue. Then
summarize the reasoning that supports your answer. Include specific references to
facts. Do not include citations to legal authority.
Statement of Facts
The Statement of Facts should include several paragraphs. The first paragraph
should identify your client and briefly describe your client’s goal. Remember to
identify key facts that determine the outcome of your Question Presented. Include
background facts as necessary to provide context to those legally significant facts.
Remember to include all facts that you will analyze in your application section. Do
3
This is the template for the complete memorandum.
not refer to legal authorities or make arguments. Organize your statement of facts in
a logical order (chronological, topical, or combination). The last paragraph should
describe the current procedural posture, summarize any relevant procedural history,
and provide a smooth transition to the Discussion.
Discussion
Conclusion4: The first sentence(s) should state your conclusion on the legal
issue in the Question Presented.
Rule:
The rule section follows the conclusion sentence(s) so that both of
these sections make up the first paragraph of your Discussion. In the rule section,
you should set forth the relevant broad rule(s) relating to the legal issue, with
citations to statutes and/or cases. Remember to define key terms.
Explanation: The rule explanation section includes several paragraphs and
shows how courts have applied the rule of law in other cases. Each paragraph should
begin with a thesis sentence, typically stating a narrow rule from the case you are
explaining. Use case descriptions that illustrate and support the thesis sentence.
Include key facts, the court’s holding, and the court’s reasoning. Remember to
include appropriate citations.
[insert page number here]
4
The terms in bold are for guidance purposes only. Do not write out Conclusion, Rule, Explanation, etc. in your
memo.
Consider the appropriate depth of treatment for each case. For example, if you
are using two cases for the same narrow rule, the same paragraph can include a case
description for the best case and a citation with an explanatory parenthetical for the
other case. Do not discuss your client’s case in the rule explanation section.
Application: The application section includes several paragraphs and shows
how a court will likely apply the rule of law explained above to the facts of your
client’s case. Each paragraph should begin with a thesis sentence that supports your
legal analysis and conclusion. Discuss the facts of your case that illustrate and
support the thesis sentence. Remember to make fact-to-fact comparisons between
your client’s case and the cases cited in your rule explanation section. Using analogy
and distinction, demonstrate why your client’s case is similar to or different from the
cases cited in your explanation. Include legal citations where appropriate.
Then provide a counter-analysis. The counter-analysis should also make
fact-to-fact comparisons between your client’s case and the cases cited in your rule
explanation section. Use case analogies and distinctions. After you explain the
counter-analysis, provide a clear resolution stating why your position/conclusion is
more likely to prevail. Do not introduce any new law in the application section. You
should have thoroughly discussed the applicable law in the rule statement and
explanation sections above.
[insert page number here]
Conclusion: Include one or more sentences briefly restating your conclusion,
but do not copy-and-paste the first conclusion. Remember to avoid one-sentence
paragraphs.
Conclusion
This Conclusion section should tie together and summarize the legal issue(s)
in your Discussion section. It should provide more detail than the Brief Answer, but
less than the Discussion.
[Add Integrity Certification and your name here.]
[insert page number here]
Jose Corddry
Case File
File No.: 20-113
Date:
Tuesday, July 21, 2020, 9:11 a.m.
From: li-yan.see@yourlegalteam.com
From: mckay.shrivinas@yourlegalteam.com
Subject: Re: Corddry case—medical report
Attachments: Client-Counsel Interview with Jose Corddry
Hi again. Just so we all have the same documents in the file: I’m attaching the transcript of
Friday’s meeting and the letter from Jose’s doctor, along with the doctor’s notes.
Li-yan
Date:
From:
From:
Subject:
Friday, July 17, 2020, 8:11 a.m.
li-yan.see@yourlegalteam.com
mckay.shrivinas@yourlegalteam.com
Re: Corddry case—news story
This is really helpful. Thanks for going above and beyond, as always.
Li-yan
Date:
Thursday, July 16, 2020, 5:13 p.m
From: mckay.shrivinas@yourlegalteam.com
To:
li-yan.see@yourlegalteam.com
Subject: Corddry case—news story
Attachment: Airboat news story
Li-yan,
I was googling around about the company and found a short news story on the accident. It’s
attached.
McKay
Date:
Thursday, July 16, 2020, 4:44 p.m.
From: mckay.shrivinas@yourlegalteam.com
To:
li-yan.see@yourlegalteam.com
Subject: Re: Corddry case
Attachment: Thriller Airboat Incorporation Document
Hey Li-yan,
Sure thing. It’s a company out of Collier County, not far from us. Naples is the county seat
here—it’s straight across the state if you’re not familiar. Let me know what else you need.
McKay
RAPHAEL, SAWYER, & SEE, LLP
1100 S. Fifth Avenue, Suite 307, Naples, FL 34102
Date:
From:
To:
Subject:
Thursday, July 16, 2020, 4:10 p.m
li-yan.see@yourlegalteam.com
mckay.shrivinas@yourlegalteam.com
Corddry case
Hi McKay,
I hope everything’s going well down there in Florida. Just wanted to follow up on the Corddry
case. I have a meeting with Jose scheduled for tomorrow. Did you figure out where the
airboat company was incorporated?
Appreciate it,
Li-yan
Li-yan See, Partner
RAPHAEL, SAWYER, & SEE, LLP
666 Fifth Avenue 21st Floor; New York, NY 1010
RAPHAEL, SAWYER, & SEE, LLP
FLORIDA-GEORGIA-NEW YORK
Attorney-Client Privilege
Attorney Work-Product
Transcript of Telephonic (Zoom) Client Meeting
Client name:
File No.:
Attorney:
Date:
Jose Corddry
20-113
Li-yan See
7.17.2020
See:
Hi Jose. Thanks for logging in to see me on Zoom
today.
Corddry:
Sure thing.
See:
I’d like to ask you some questions about the accident
that occurred on Saturday, February 15th. Is that ok?
Are you ready to talk about it?
Corddry:
Yeah. I’d like to get this over with.
See:
I understand. It’s very stressful. Ok, let’s start
with your relationship with the Shields-Rayburn
family. Can you tell me about your position with the
family, how long you’ve worked for them?
Corddry:
I started working for them in May 2009. That was right
after Elliott and Lois were born. Um, Quincy, hired me
because she and Terry were leaving New York for the
summer and their other nanny couldn’t come with them.
See:
And Terry is Quincy’s wife?
Corddry Interview
Page 2 of 9
Corddry:
Oh yeah, sorry. It was Terry Rayburn. But they
hyphenated when they got married. All four of them
have the same last name: Shields-Rayburn.
See:
How old are Lois and Elliott now?
Corddry:
Their birthday is April 28, 2009, so they are 11 now.
See:
And you’ve been working for them since that first
summer in 2009?
Corddry:
Pretty much. They hired another nanny back in
September that first year but kept me on part-time.
That arrangement, though, only lasted a couple months.
I moved in with them right after Thanksgiving that
year to take care of the kids full time, and I’ve been
living with them ever since.
See:
Do you take any time off for yourself?
Corrdry:
Oh, sure. Terry and Quincy are super generous. I’m off
on the weekends, and I stay with my girlfriend most
of the time then. We’ve been pretty serious for the
past three years.
And I
have six weeks of paid vacation in the summer when
Lois and Elliott are in summer camp in
Hendersonville, down in North Carolina. They say I’m
part of their family, and they really mean it. I’ve
been a member of the family for 11-plus years.
See:
And you take family trips together?
Corrdry:
Yeah, a few times a year. We spend the summers in
North Carolina. Last year, we went to St. Lucia
and Montreal too.
See:
And are you working on those trips?
Corrdry:
Yep, but it doesn’t even feel like work. Quincy and
Terry work a lot, even when we’re traveling. So
especially then, I’m taking care of Elliott and Lois
pretty much full time. Terry produces television
shows, so sometimes we travel for that. The last one
she just finished was that Outlandish series on
Showtime. It was up for a Golden Globe, but they lost.
And Quincy—she’s an entertainment lawyer. That’s how
they met—she was handling some contracts for Terry’s
production company. So, I take care of the kids when
Corddry Interview
Page 3 of 9
Quincy and Terry are working or when they want a date
night or want to go on to the spa or an excursion that
wouldn’t be good for the kids. Like one year, when the
kids were smaller, they went zip lining and once, I
think it was, white water rafting. Or they’ll do a spa
day. Elliott and Lois were too little for that. But
then we all hang out together as a family too. We have
game nights and go out to eat and all that.
See:
And you all went to Florida
Corrdry:
Yeah, for President’s Day weekend. We always take a
trip. Usually skiing. Lois and Elliott are actually
really good snowboarders. But this year, Terry said
they all needed some sunshine so they rented a house
on the beach in Sanibel Island.
See:
How long were you in Sanibel?
Corrdry:
Me? Four days. We got there on a Thursday night and I
took Lois back to New York on Sunday night so she
could get back to school. Terry and Quincy stayed
behind with Elliott because he was still in the
hospital.
See:
I know this is really hard, but I need you to tell me
about what happened.
Corrdry:
Ok, uh, I don’t know where to begin.
See:
Just start
ride.
Corrdry:
It was a totally normal morning. Maybe a
little too chilly for the beach, so we were
excited to try something new. Elliott and Lois
didn’t know what an airboat was, so I showed them
a couple videos on YouTube. They were excited.
See:
And the whole family went on the boat ride?
Corddry:
No, it was just me and the kids. Quincy and Terry
organized it, but they said they needed a quiet day by
the beach. So, it was just the three of us—me and Lois
and Elliott. We left about 11 in the morning and we
stopped to get hot dogs at this place Schnapper’s
Hots. They love that place.
about the day
?
the boat
Corddry Interview
Page 4 of 9
See:
And then you drove to the Everglades for the boat
tour?
Corddry:
Yeah, so we drove, maybe 45 minutes for this tour,
Captain Thriller’s Airboat Adventures. Lois liked that
name. She asked me to play Michael Jackson’s Thriller,
over and over again on the way there.
See:
Tell me about what it was like when you got to the
tour company.
Corddry:
There were three employees there. One person inside—I
don’t know her name—she gave us the tickets. And then
we went outside and met Captain Thriller, who said his
name was actually Captain Joe. And then there was one
other employee who helped us with our life jackets and
stuff.
See:
I believe their names are Joe Kincaid and Mitch
Kinhagee?
Corddry:
Yeah, that sounds right.
See:
I understand that the weather deteriorated after the
boat tour began?
Corddry:
It was perfectly sunny up in Sanibel. We ate our hot
dogs outside on picnic benches, and Elliott was right
in the full sun—he has fair skin—so I stopped him from
eating for a minute to spray some sunscreen on him.
But yeah, when we got down to the tour, the sky had
become all gray and it looked like thunderstorms would
come pouring down any second. I asked those guys if it
was ok to go out, and they said, it was no problem,
that the storm was going the other way. They said the
tour was only 45 minutes, and there’s no way the storm
would come before then.
See:
But that’s not what happened?
Corddry:
No, it started raining as soon as we pulled away from
the dock. I think it was thundering too, but it was
hard to tell with that crazy loud airboat motor.
See:
The tour continued in the rain?
Corddry Interview
Page 5 of 9
Corddry:
Yeah, we went out into the swampland and I wasn’t sure
how bad it was storming until we stopped. The other
guy, Mitch, was supposed to tell us about the various
birds in the trees. It’s supposed to be a good bird
watching spot where we stopped. But the rain was just
pelting us. We had rain jackets on, but it was
pouring. And when we stopped, and you know, the motor
was off, you could definitely hear the thunder.
See:
How long were you stopped for?
Corddry:
I don’t know. Maybe 5 minutes? Maybe less. It all went
so fast.
See:
Can you tell me what happened next?
Corddry:
That guy, Mitch, was trying to tell us about the
birds, but it was just raining too hard. So, he
signaled to the captain to head back. Lois and Elliott
were sitting on either side of me on this bench seat.
Elliott was on my left. I don’t even remember looking
away, but all of a sudden, the boat was moving forward
again and there was this loud roar, and then I see
Elliott falling into the water. He went backwards and
just flipped into the water. It was black in there and
I couldn’t see him. I told Lois to hold on tight and
climbed over her to try to see him. The boat had
zipped away so we were probably 30 or 40 feet away.
See:
Did Elliott fall into the water from Lois’ side of the
boat?
Corddry:
Um, no, but that boat, it goes back and forth in a zig
zag, so when I looked back, I thought I saw Elliott’s
arm in the water on her side of the boat. We circled
back. And then I saw the captain in the water asking
for Mitch’s shirt. Mitch pulled Elliott back on the
boat and then the captain tied the shirt around his
arm.
See:
Around Elliott’s arm?
Corddry:
Yeah, he got cut up real bad on his fall. He hit his
head on the way in because the doctors said there was
swelling. Everything was in slow motion, but I guess
he was under water and not breathing for a long time.
I mean, we had to circle back to find him and get him
Corddry Interview
Page 6 of 9
out of the water. His arm hit the motor. We should
never have gone. It was raining. I knew it was
dangerous. The captain bragged at the beginning about
what an adventure we were going on and showed this
huge scar across his hand and a missing finger! He
said he was an alligator wrestler and a gator bit it
off.
See:
How did Elliott seem after coming out of the water?
Corddry:
He was entirely blue. He didn’t open his eyes or say
anything. His arm was bleeding really bad and soaked
the shirt. I don’t even remember how we got back to
the dock. They tried to wrap up his arm again then.
And then we heard the helicopter.
See:
And he was taken to the Ryder Trauma Center at Jackson
Memorial Hospital?
Corddry:
Yeah, I had to call Quincy and Terry and tell them
what happened. Lois was hysterical the entire time. We
decided we would drive separately to the hospital.
Elliott was in surgery when we got there. I took Lois
and then Quincy and Terry drove in another car.
See:
Can you tell me about Elliott’s injuries?
Corrdy:
They had to put him in a medically induced coma for
nearly three weeks. He didn’t come out of it until
March. He broke one leg, smashed his entire arm, had
some broken ribs. They say he’s still recovering from
the brain trauma.
See:
And he will need ongoing medical care?
Corddry:
Yeah, Terry and Quincy said the doctors said maybe for
the rest of his life.
See:
I’m so sorry to hear this, Jose. It sounds like you
are really close to Elliott.
Corddry:
The closest. I mean, Terry and Quincy always jokingly
call me “Dad” when I’m telling them things about
Elliott. Like a few months ago, he was getting stomach
aches, and I thought he might be lactose intolerant.
It turns out it was just stress. But like, if I would
remind them to pick up the vegan cheese at the grocery
Corddry Interview
Page 7 of 9
store or request it with takeout for Elliott, they
would just laugh and say, “Ok, Dad.” Or like when I
take them to a doctor’s appointment or go to a parentteacher conference—when Terry and Quincy can’t go—I
always take notes. And then I email my notes to Quincy
and Terry, so they can know everything that’s going
on, you know. They call it the “Dad Report.” I send
them “Dad Reports” on the kids’ soccer games too,
usually just photos if one of them scores a goal or
does something really cute. It’s funny. I guess you
have to be there.
See:
It really sounds like you are all one big family.
Corddry:
We are. I’m not really old enough to be their dad. I
mean, technically, I guess I am, but not really. But I
feel like one. I’m definitely more than a big brother
or uncle to them. I’ve taken care of the twins since
they were 10 days old. I changed their diapers and fed
them in the middle of the night. I took them to their
first day of preschool and kindergarten—with Quincy
and Terry. I’ve been there for every birthday, every
holiday. I take my own vacation in the summer, but I
also take the family vacations with them too. And
Quincy and Terry work a lot—that’s why I live there. I
can take care of the kids. And it’s just me and the
kids, the three of us, a whole lot of the time.
See:
You’ve made a lot of great memories.
Corddry:
Oh yeah. And now--, now. [Audible crying]
See:
It’s ok. Take your time.
Corddry:
Now, I don’t know what’s going to happen? I mean, is
Elliott going to get out of the hospital? Is he going
to go back to school? He loves school. He’s in the
drama club and just got cast as Hamlet this semester.
The lead! Is he going to get to do that ever?
See:
That’s a lot to deal with.
Corddry:
Yeah.
See:
I understand all of this has taken a toll on your
health, too.
Corddry Interview
Page 8 of 9
Corddry:
Yeah, I mean, it doesn’t compare to what Elliott is
going through, but yeah, it’s been hard on all of us.
No one is sleeping. I can’t work, and I feel terrible
about that because I want to be there for Lois and to
help Terry and Quincy at home.
See:
Can you tell me about that? I understand that you’ve
been seeing a doctor?
Corddry:
Yeah, I have a letter from her that I can email you.
See:
Thank you. We can keep a copy in our records.
Corddry:
And I went to the ER a few days after I got back to
New York.
See:
Tell me about that.
Corddry:
I had been feeling bad for days. I couldn’t sleep,
felt dizzy every time I would get up. I got this crazy
rash all over my head and arms and back. And just when
I thought it might be going away, it would look worse.
I also have psoriasis. Do you know what that is?
See:
Maybe you should tell me.
Corddry:
It’s a skin disease that gives
patches all over. For me, it’s
back. It comes and goes. You’d
through the screen if I didn’t
See:
That must be upsetting.
Corddry:
Yeah, and I can’t do work of any kind. When I have
time off from the family, I do a few gigs here and
there.
See:
What kind of gigs?
Corddry:
It’s really no big deal, but I do a little bit of
modeling. A friend got me into it a few years ago.
There’s this kinda new athleisure company, Hill City.
And I do some photo shoots for their catalogs and
mailers and whatnots.
See:
And you said you were unable to do any kind of work
right now?
you ugly red and itchy
on my arm and scalp and
be able to see it now
have long-sleeves on.
Corddry Interview
Page 9 of 9
Corddry:
Yeah, it’s in that doctor’s letter. But even if I felt
ok, like I was ok to take care of the kids, I couldn’t
do the modeling work with this rash. And what’s worse,
you can probably tell the left side of my face isn’t
right. I have this paralysis thing, Bell’s palsy. It’s
supposed to go away, but it’s been a couple weeks now.
See:
I’m sure that’s very stressful.
Corddry:
Yep, and that’s not what I need right now.
See:
Can we go back to the ER visit? What can you tell me
about that?
Corddry:
That was probably when I was feeling my worst. My face
was drooping more than it is now. I couldn’t even
pronounce certain words—I felt like I was slurring.
And then I felt like I couldn’t breathe. I thought I
was having a heart attack or a stroke. My girlfriend
googled it. You know, the paralysis can mean a stroke.
So she took me to the ER.
See:
And was it a stroke?
Corddry:
No, thankfully. Probably just a panic attack. But the
doctors said I’m at high risk for stroke and need to
lower my stress level. I’ve started meditation. Not
sure if it’s helping yet.
See:
I hope it does. I know it’s not easy talking about all
this. But it’s helpful to us, to our case. Let’s take
a break for today, and we’ll follow up soon on the
next steps. You take care, ok?
Corddry:
Sure thing. Just let me know what else you need from
me. Thanks.
Central Park West Medical Associates
561 Columbus Ave, New York, NY 10024
June 30, 2020
Jose Corddry
650 10th Ave
New York, NY 10036
To whom it may concern:
This letter summarizes the medical symptoms and conditions
presented by Jose Corddry and the resulting treatments I have
provided to support my recommendation that Mr. Corddry be
excused from all work and strenuous activities, for at least
the next three months, and until his condition improves.
I have been Mr. Corddry’s primary care physician since 2014.
In general terms, I would describe him as a healthy, 31-yearold, active, African-American male. As his physician for the
last six years, I have seen Mr. Corddry for his annual well
visits and when he sought treatment for bronchitis and
respiratory infections on two occasions in 2017 and 2018.
Since late February, I have been treating Mr. Corddry for
medical symptoms and conditions that appear to be the result
of him witnessing a traumatic incident on February 15, 2020
involving a child in his care. On February 26, 2020, Mr. Corddry
visited my office seeking relief for physical symptoms that
included brief episodes of dizziness; double vision; an
outbreak of blisters (vesicles) on his scalp, arms, and lower
back; and facial paralysis. Mr. Corddry also displayed symptoms
of anxiety and depression, including appearing withdrawn with
a constricted affect. Finally, Mr. Corddry’s blood pressure
was significantly elevated. My notes from this office visit
are attached to this letter.
On this initial visit, Mr. Corddry described that in the
preceding week, he had suffered varying degrees of facial
weakness and paralysis on the right side of his face, where he
found it difficult to make facial expressions and enunciate
certain words. On February 21 and into February 22, he felt
stiffness and swelling on the left side of his face and what
he called a sudden drooping of his cheek and chin, along with
an inability to focus his eyes, resulting in double vision,
and feeling dizzy and disoriented. He visited the emergency
room immediately after noticing these symptoms, fearing that
he suffered a stroke, on February 22, 2020, and was diagnosed
with acute peripheral facial palsy of unknown cause, also known
as Bell’s palsy. I concur with this diagnosis. The emergency
room performed an EMG (electromyography) test and an MRI. Both
came back normal.
The symptoms of Bell's palsy include sudden weakness in your
facial muscles, the result of swelling and inflammation of the
nerve that controls the muscles on one side of the face. Bell's
palsy is not considered a permanent disorder, but in rare
cases, it does not disappear. Currently, there is no known cure
for Bell's palsy; however, recovery usually begins 2 weeks to
6 months from the onset of the symptoms. Most people with Bell's
palsy recover
full
facial
strength
and
expression.
Because Bell's palsy affects a single nerve, the facial nerve,
its symptoms mimic those of a stroke.
Mr. Corddry also presented a rash of blisters on his scalp,
left upper arm and elbow, and lower back. He thought it was a
psoriasis recurrence and explained he had not had a flare up
of the condition for at least 10 years. I concurred with his
opinion. In my experience, flare ups of this kind cause
significant discomfort and are a result of stress, but they
are not serious.
I prescribed painkillers and Corticosteroids to Mr. Corddry
and urged him to make diet and lifestyle choices that would
lower his blood pressure, including abstaining from alcohol.
And I encouraged him to seek therapeutic treatment for his
anxiety and depression, conditions which are known to
substantially raise the risk of a stroke. I informed Mr. Corddry
that his race, high-blood pressure, and use of alcohol are
recognized stroke risk factors; I also noted that he lacks
other risk factors because he is younger than 55, isn’t diabetic
or overweight, doesn’t smoke cigarettes, and has no history of
heart disease.
Since the initial in-office visit, Mr. Corddry has had four
follow-up telehealth visits via Zoom, on March 18, 20020; April
23, 2020; and May 21, 2020; and June 29, 2020. We could not
meet in person due to the Covid-19 outbreak. In each of these
visits, Mr. Corddry explained that his anxiety, depression,
facial paralysis, and psoriasis continue. Although I could not
physically see him, I was able to observe in these virtual
visits that psychological and mild physical symptoms of the
conditions I initially diagnosed in Mr. Corddry persisted.
The medical literature and my experience support the conclusion
that Bell’s palsy and psoriasis flare ups may sometimes be
brought on by extreme stress or emotional trauma. Until Mr.
Corddry recovers from this trauma such that his physical and
psychological symptoms subside, it is not safe or advisable
for him to work.
Sincerely,
Sigrid Nunez
Sigrid Nunez, M.D.
Medical Report
Patient name (last, first, middle)
Birth date
Visit date
9/22/89
2/26/20
Patient address
County
Surgery date
650 10th Ave
New York, NY 10036
New York
Corddry, Jose
Physician
Specialty
Nunez
PCP
Date of report
Next appointment
2/26/20
as needed
Diagnosis
Diagnosed with Bell’s palsy at Mount Sinai ER/increasing degree of facial
paralysis/ongoing symptoms/no permanent damage
Moderate psoriasis flare-up with moderate pain
Patient appears severely depressed with considerable anxiety
Report (Please include clinical findings, prognosis, treatment, recommendation, plan, and follow-up instructions.)
10 mg/day prednisone
325 mg/day aspirin to reduce stroke risk
Ibuprofen/as needed
Counseling for anxiety and depression
Diet and lifestyle changes to address HBP—no alcohol
No work or strenuous activity for three months
Central Park West Medical Associates
561 Columbus Ave, New York, NY 10024
Footnotes
1
However, to suffer an impact, a plaintiff may meet rather slight requirements, such as those described by the
Third District in
Eagle–Picher Industries, Inc. v. Cox, 481 So.2d 517 (Fla. 3d DCA 1985), review denied,
492 So.2d 1331 (Fla.1986):
The essence of impact, then, it seems, is that the outside force or substance, no matter how large or small,
visible or invisible, and no matter that the effects are not immediately deleterious, touch or enter into the
plaintiff's body.
Id. at 527. In Eagle–Picher, the court determined that the inhalation of asbestos fibers, which over time causes
serious lung damage, constituted an impact. Id. at 526. This formulation is consistent with our own holdings.
See, e.g., Clark v. Choctawhatchee Elec. Coop., 107 So.2d 609, 612 (Fla.1958). We said, for example, that
“an electrical shock, or trauma, or impact, may be administered and not leave an outward sign.” Id. In Clark,
we held that an electric shock which caused the plaintiff's tongue to thicken, her legs to ache, then buckle,
and then caused plaintiff to fall, constituted an impact even though there were no outward signs of trauma
such as burns, bruises or scars. Id.
In numerous cases, however, the courts have found that the impact rule was not satisfied because, although
there may have been some “touching,” it did not rise to the level of impact. See, e.g.,
R.J. v. Humana
of Florida, Inc., 652 So.2d 360, 364 (Fla.1995) (finding that although “touching of patient by a doctor and
the taking of blood for ordinary testing would not qualify for a physical impact, other more invasive medical
treatment or the prescribing of drugs with toxic or adverse side effects would so qualify”).
In another case the court found no impact when the plaintiff, who was on the ground in the vicinity of a plane
crash, felt a mild change in the temperature and air pressure when the plane hit the ground. See Ellington
v. United States, 404 F.Supp. 1165, 1166, 1167 (M.D.Fla.1975); see also Davis v. Sun First Nat'l Bank of
Orlando, 408 So.2d 608, 609–10 (Fla. 5th DCA 1981) (holding bank teller had no cause of action against
her employer for failing to take reasonable security measures when only impact alleged was bank robber's
handing of holdup note to teller), review denied, 413 So.2d 875 (Fla.1982).
2
3
4
5
Gonzalez v. Metro. Dade County Pub. Health Trust, 651 So.2d 673, 674 n. 1 (Fla.1995) (noting that more
than 30 jurisdictions have abrogated the impact rule).
As to the first argument, proving causation, the court asserted:
[T]he question of proving or disproving causation between the claimed injuries and damages and the
alleged fright or shock may indeed have been a difficult undertaking in 1888 when the impact rule was first
announced. Such is not the situation today. An extensive review of medical treatises is not necessary in
order to recognize that medical science has come a long way since the turn of the century; the changes
brought about by modern scientific techniques and the advancement made by modern medicine have been
overwhelming. This is particularly true in the refinement of techniques for diagnosing the causal connection
between emotional states and physical injuries.
....
The question is not really one of “impact” but rather the causal connection between the negligent act and
the ultimate injury—a circumstance which in the last analysis does not seem to pose problems any more
difficult to solve in a non-impact case than in an impact case. Causation is not peculiar to cases without
impact; it is an ingredient in all types of personal injury litigation. The fact that there may be difficulty in
proving or disproving a claim should not prevent a plaintiff from being given the opportunity of trying to
convince the trier of fact of the truth of the claim.
Id. at 472–73.
With respect to the second argument concerning fraudulent or exaggerated claims, the court stated:
[S]uch an assertion would deny to a plaintiff the right to be heard—the opportunity to present the case to a
jury—the chance to be compensated for an injury negligently incurred. Adherence to “impact” on this basis
seems to say very little for our system of jurisprudence because it seemingly constitutes tacit admission
that our system is incapable of weeding out fraudulent claims.... [T]he courts of this state have been able
to separate the genuine from the bogus claims and there is no reason to assume that this problem cannot
be properly dealt with in instances where there has been no impact.
Id. at 474.
Finally, as to whether rejection of the impact rule would precipitate a flood of litigation, the opinion noted that:
In those states following the majority rule allowing recovery for psychic injuries without impact “the feared
flood tide of litigation has simply not appeared.” Nor has it been demonstrated that the amount of litigation
in those states with no impact rule is greater than in those states with the impact rule.
Id. at 475 (citation omitted).
On the same day we decided Champion, we decided
Brown v. Cadillac Motor Car Division, 468 So.2d
903, 904 (Fla.1985), wherein we rejected a claim for psychic injuries resulting to a son who witnessed his
mother's death, and held that “psychological trauma must cause a demonstrable physical injury such as
death, paralysis, muscular impairment, or similar objectively discernible physical impairment.”
In fashioning this new action, we relied substantially on
Dillon v. Legg, 68 Cal.2d 728, 69 Cal.Rptr. 72,
441 P.2d 912 (1968), and the foreseeability test the California Supreme Court adopted therein to define the
bounds of liability in negligent infliction of emotional distress cases. This test takes into account numerous
factors to determine the degree of the defendant's foreseeability. See
id. 69 Cal.Rptr. at 80–81, 441 P.2d
at 920–21. These factors include: (1) the proximity of the plaintiff to the scene of the accident; (2) whether
the shock resulted from a direct emotional impact upon plaintiff from the sensory and contemporaneous
observance of the accident, as contrasted with learning of the accident from others after its occurrence; and
(3) the nature of the relationship between the plaintiff and the victim. Id.
6
7
8
See
R.J. v. Humana of Florida, Inc., 652 So.2d 360, 363 (Fla.1995) (citing Champion for the proposition
that “psychological trauma and mental distress are recoverable as elements of damage without direct physical
impact in cases where a plaintiff was in the sensory perception of physical injuries negligently imposed
upon a close family member and where the plaintiff suffered a discernible physical injury”);
Gonzalez v.
Metro. Dade County Pub. Health Trust, 651 So.2d 673, 675 (Fla.1995) (recognizing that the impact rule
is not applicable in cases “where a person suffers a significant discernible physical injury caused by the
psychological trauma that results from observing the death or physical injury of a close family member that
was negligently caused by another”).
In 1893, when we first recognized a cause of action for negligent infliction of emotional distress, we were
concerned about the quality of proof of a claim for mental suffering. See International Ocean Telegraph Co. v.
Saunders, 32 Fla. 434, 446–47, 14 So. 148, 151–52 (1893). We were primarily concerned about the difficulty
in valuing mental anguish for damage purposes. Id. As a consequence, we required proof of a concomitant
physical injury as a safeguard. Id. We were concerned with the same problem when we modified the impact
rule in Champion.
See supra note 3.
End of Document
© 2020 Thomson Reuters. No claim to original U.S. Government Works.
Footnotes
1
2
3
Art. V, § 3(b)(4), Fla. Const.
In McCarson, we approved section 46 of the Restatement (Second) of Torts (1965), which provides in
pertinent part:
d. It has not been enough that the defendant has acted with an intent which is tortious or even criminal,
or that he has intended to inflict emotional distress, or even that his conduct has been characterized by
“malice,” or a degree of aggravation which would entitle the plaintiff to punitive damages for another tort.
Liability has been found only where the conduct has been so outrageous in character, and so extreme
in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly
intolerable in a civilized community. Generally, the case is one in which the recitation of the facts to an
average member of the community would arouse his resentment against the actor, and lead him to exclaim,
“Outrageous!”
....
i. Intention and recklessness. The rule stated in this Section applies where the actor desires to inflict severe
emotional distress, and also where he knows that such distress is certain, or substantially certain, to result
from his conduct. It applies also where he acts reckless, as that term is defined in § 500, in deliberate
disregard of a high degree of probability that the emotional distress will follow.
There has been much debate over the definition of the word “injury.” We need not address that question
today, because a patient receiving improper and potentially dangerous medical treatment clearly would suffer
an actual “injury” within the meaning of the law.
End of Document
© 2020 Thomson Reuters. No claim to original U.S. Government Works.
End of Document
© 2020 Thomson Reuters. No claim to original U.S. Government Works.
End of Document
© 2020 Thomson Reuters. No claim to original U.S. Government Works.