McClain v. Faraone
In McClain v. Faraone, 369 A.2d 1090, 1092 (Del. Super. 1977), the plaintiff lost a residential property at foreclosure as a result of the negligence of the defendant, who was the plaintiff's counsel in a residential property closing. Damages were awarded to the plaintiff for settlement expenses, moving expenses, storage expenses and the cost of improvements made to the foreclosed property.
The Court rejected the plaintiff's request for damages for claimed loss of reputation, embarrassment and emotional distress because the breach of duty did not involve willful or wanton conduct of the defendant. "The general rule is that in an action based upon contract, unaccompanied by a related affirmative tortuous physical act and unaccompanied by physical injury, mental suffering is not an element to be considered in awarding compensatory damages." (Id. 369 A.2d at 1094.)
The Court found that the plaintiff was not entitled to attorney fees or punitive damages because the plaintiff had not established ill will, malice or intention by the defendant to cause injury to the plaintiff. (Id. 369 A.2d at 1095.)