A case like Brown’s, said Jason Kellogg, partner at the law firm of Levine Kellogg Lehman Schneider + Grossman in Miami, is very difficult to win because it requires plaintiffs to prove that the level of negligence was so high that it could be considered intentional, particularly in Florida, which has what’s known as an “impact law.”
This, he said, typically requires that someone who is suing for emotional distress also have been subjected to a physical impact. However, Kellogg said, plaintiffs might be able to overcome that restriction if they can prove a very high level of wantonness and willfulness on the part of the defendants.
