# Daley v. LaCroix

> Michigan Supreme Court · September 22, 1970 · 384 Mich. 4

URL: https://www.frixlaw.com/law-library/cases/9687920

## Case

- **Full name:** DALEY v. LaCROIX
- **Court:** Michigan Supreme Court
- **Decided:** September 22, 1970
- **Citations:** 384 Mich. 4; 179 N.W.2d 390; 1970 Mich. LEXIS 99
- **Precedential status:** Published
- **Opinion:** Dissent by Brennan
- **Judges:** Kelly, Brennan, Black, Kavanagh, Dethmers, Adams
- **Cited by:** 91 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9687920

## How later opinions describe it (automated extraction)

- recognizing that weight loss, inability to perform household duties, extreme nervousness, and irritability are facts from which jury could find physical injury
- applying zone of danger doctrine and also requiring that plaintiff suffer severe emotional distress with physical manifestations
- rejecting the “impact” requirement for common-law claims for emotional distress proximately caused by a defendant’s negligent conduct

## Opinion text

T. E. Brennan, O. J.
(dissenting). If this were a case where a definite and objective physical in *18 jury was produced without impact by the negligent act of the defendant, it might be appropriate to adopt the rule set forth in the Restatement of Torts. *
This is not such a case. Plaintiffs did not suffer definite and objective physical injury. Plaintiffs suffered, if anything, indefinite and subjective injury. Traumatic neurosis, emotional disturbance and nervous upset are the very type of complaints which ought to be eliminated by restricting “no impact” cases to those in which a definite and objective physical injury occurs.
I would affirm the trial court’s grant of directed verdict.
Kelly, J. concurred with T. E. Brennan, C. J.
Restatement, Torts 2d, § 436(2), pp 456, 457.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9687920. Public record. Not legal advice.