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Keywords

lawsuittortplaintiffdefendantnegligencestatutemotionstatute of limitationscase law
tortplaintiffdefendantstatutemotionstatute of limitationscase law

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Bramer v. Dotson, 190 W.Va. 200, 437 S.E.2d 773

Facts

Richard Bramer, aged fifty-four, visited Dr. Thomas O. Dotson for a physical examination and was diagnosed with Crohn's disease. After further testing, he was informed he had AIDS, which led to significant emotional distress. Subsequent tests revealed he did not have HIV, prompting Bramer to file a lawsuit against the medical professionals and laboratory for negligence in the diagnosis and reporting of his condition.

Richard Bramer, aged fifty-four, visited Dr. Thomas O. Dotson for a physical examination and was diagnosed with Crohn's disease. After further testing, he was informed he had AIDS, which led to significant emotional distress.

Issue

Whether the Plaintiff Dick E. Bramer has stated a claim for negligent infliction of emotional distress and which statute of limitations applies to such claims.

Whether the Plaintiff Dick E. Bramer has stated a claim for negligent infliction of emotional distress and which statute of limitations applies to such claims.

Rule

A claim for severe emotional distress arising out of a defendant's tortious conduct is a personal injury claim and is governed by a two-year statute of limitations under W.Va.Code 55–2–12(b) [1959].

A claim for severe emotional distress arising out of a defendant's tortious conduct is a personal injury claim and is governed by a two-year statute of limitations under W.Va.Code 55–2–12(b) [1959].

Analysis

The court applied the rule by determining that Bramer's claim for emotional distress was valid despite the absence of physical injury, referencing previous case law that recognized emotional injuries as personal injuries. The court found that the emotional distress claims were not spurious, given the serious nature of an AIDS diagnosis, and thus warranted the application of the two-year statute of limitations.

The court applied the rule by determining that Bramer's claim for emotional distress was valid despite the absence of physical injury, referencing previous case law that recognized emotional injuries as personal injuries.

Conclusion

The court affirmed that Bramer had stated a claim for negligent infliction of emotional distress and that the applicable statute of limitations was two years.

The court affirmed that Bramer had stated a claim for negligent infliction of emotional distress and that the applicable statute of limitations was two years.

Who won?

Richard Bramer prevailed in the case as the court recognized his claim for emotional distress and established the appropriate statute of limitations for such claims.

Richard Bramer prevailed in the case as the court recognized his claim for emotional distress and established the appropriate statute of limitations for such claims.

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