Thursday, June 22, 2023 9am to 9:40am
About this Event
A Community employee mailed a letter with Z.D.’s diagnosis to a high school classmate of Z.D.’s daughter, which the classmate posted on Facebook. Z.D. sued Community, but the Marion County Superior Court granted summary judgment to Community. On appeal, the Court of Appeals held Z.D. had sufficiently pleaded the tort of public disclosure of private facts without alleging intent, established the element of publicity, and could seek emotional distress and special damages for that claim. However, the Court of Appeals held Z.D. could not seek emotional distress damages for her negligence cause of action without satisfying the modified impact rule. Z.D. v. Community Health Network, Inc., 197 N.E.3d 330 (Ind. Ct. App. 2022), vacated. The Indiana Supreme Court has granted a petition to transfer and accepted jurisdiction over the case.
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