Hi David,
In the UK, Australia and New Zealand, the commonly accepted term is
"nervous shock", rather than "mental anguish". If you use that expression
in your searches, (on both the Internet and in the COMCAS library of
Lexis), you are very likely to get much better results.
The leading UK decision on "nervous shock/psychiatric injury" is that of
the House Of Lords in White And Others v Chief Constable Of South Yorkshire
And Others, which arose out of the ghastly Hillsborough Football Stadium
disaster:-
http://www.parliament.the-stationery-office.co.uk/pa/ld199899/ldjudgmt/jd981203/
white01.htm
It contains an excellent and detailed analysis of the history of the tort
of "nervous shock" in English common-law.
For an Australian perspective on the same area of the law, check out the
decision of the High Court Of Australia, (the highest appellate court in
our heirarchy), in:-
Michael David Jaensch v. Vicki Lorraine Coffey (1984) 155 CLR 549
http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/high%5fct/155clr549.html?
query=%22nervou+shock%22
I hope that this is of some help.
'Avagoodweegend :-)
Ronald S Huttner LL.B.(Hons)
Barrister And Solicitor
Consultant And Trainer In Computer-Assisted Legal Research
Lecturer In Computerised Legal Research (02.10.95 to 02.10.98)
Internet Sites For Lawyers - http://www.viclf.asn.au/huttner/research.html
Personal Home Page - http://www.viclf.asn.au/huttner/pers1.html
If at first the idea does not seem absurd, then there is no hope for it".
(Albert Einstein)
>Please excuse the cross-posting.
>
>I need some research help, please. An attorney has asked me to obtain for
>her (by Monday) any scholarly articles, materials, or studies (legal or
>otherwise) concerning mental anguish jury awards Ø more specifically, ways
>to evaluate for mental anguish, defenses to mental anguish claims, the
>lack of predictability in mental anguish awards, psychological
>manipulations of juries considering awards Ø things like that.
>
>I have found some promising-looking material, but it does not appear to be
>on-line, in full text or otherwise; nor am I finding as much material as I
>at first (over-confidently) thought I would when I started.
>
>These need to be free (or mostly so) and preferably web-based resources Ø
>for an amicus brief.
>
>I've been in and around Findlaw, LLRX, Virtual Chase, National Institutes
>of Mental Health, among others Ø and have other web site ideas as well Ø
>but if someone could help me get a little better focused (or directed to
>some resources you have run across in the past), I would be very grateful.
>
>Perhaps I am using the wrong key words, but other variations don't seem to
>work any better.
>
>Thanks very much.
>
>Dave C.
>
>~~~~~~~~~~~~~~~~~~~~~
>David C. Clark, JD, MLIS
>Law Librarian
>Lightfoot, Franklin, & White, L.L.C.
>The Clark Building
>400 20th Street North
>Birmingham, Alabama 35203
>davidc@lfwlaw.com
>(205) 581-0768
>(205) 581-0799 (FAX)
>~~~~~~~~~~~~~~~~~~~~~
>Opinions are solely my own.
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