Daley v. LaCroix

In Daley v. LaCroix, 384 Mich 4; 179 NW2d 390 (1970), a minor plaintiff was held entitled to take his case to the jury on the issue of physical injury where the only testimony on his behalf was his own statement at trial to the effect that he was nervous. In so holding, the Court held that "even though the question whether nervousness is an objective physical injury is a close one, on favorable view, plaintiff presented facts from which . . . a jury could reasonably find or infer a causal relation between defendant's alleged negligence and the injuries alleged." Daley, supra at 15. Similarly, the Court held that the plaintiff mother's testimony concerning her own sudden weight loss, inability to perform her household duties, nervousness, and irritability were sufficient facts "from which a jury could find or infer a compensable physical injury." Id. at 15-16. In that case, the Court overturned the rule previously recognized in Michigan requiring some immediate physical injury or impact on the plaintiff before damages for mental distress could be recovered: We hold that where a definite and objective physical injury is produced as a result of emotional distress proximately caused by defendant's negligent conduct, the plaintiff in a properly pleaded and proved action may recover in damages for such physical consequences to himself notwithstanding the absence of any physical impact upon plaintiff at the time of the mental shock. Id. at 12-13.