# Bass v. Nooney Co.

> Supreme Court of Missouri · February 23, 1983 · 646 S.W.2d 765

URL: https://www.frixlaw.com/law-library/cases/9646425

## Case

- **Full name:** Collette BASS, Appellant, v. NOONEY COMPANY, a Corporation, and Otis Elevator Company, a Corporation, Respondents
- **Court:** Supreme Court of Missouri
- **Decided:** February 23, 1983
- **Citations:** 646 S.W.2d 765; 1983 Mo. LEXIS 332
- **Precedential status:** Published
- **Opinion:** Dissent by Donnelly
- **Judges:** Solbert M. Wasserstrom
- **Cited by:** 151 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Limited by Jarrett v. Jones, 2008 Mo. LEXIS 142 (2008).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9646425

## How later opinions describe it (automated extraction)

- applying the doctrine of res ipsa loquitur to case involving mental distress resulting from being trapped in a stalled elevator, and rejecting the requirement of physical injury to recover for negligent infliction of emotional distress

## Opinion text

DONNELLY, Judge,
dissenting.
I respectfully dissent for at least two reasons:
(1) In my view, this case does not demonstrate appropriate circumstances for judicial abrogation of the “impact rule”. “The issue seems suited for legislative action.” Epple v. Western Auto Supply Co., 557 S.W.2d 253, 254 (Mo. banc 1977); and
(2) The view of the majority is that “logic and practicality” argue for abandonment of the “impact rule” in favor of a “medically significant” rule. The “logic and practicality” of such action elude me. What does “medically significant” mean in a courtroom?

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9646425. Public record. Not legal advice.