Emotional Distress Without Physical Injury Oregon
There are four categories of cases in which a plaintiff may recover damages for emotional distress in the absence of physical injury:
(1) certain intentional torts, including trespass to land, intentional interference with contractual relations, conversion, racial discrimination;
(2) private nuisance;
(3) invasion of privacy;
(4) miscellaneous cases, for example unlawful disinterment of spouse's remains, infringement of right to child custody resulting from attorney's failure to deliver client's passport into 'escrow' to prevent client from taking child out of the country.
See: Collver v. Salem Insurance Agency, Inc., 132 Ore. App. 52, 64, 887 P.2d 836 (1994), rev den 320 Ore. 598 (1995) (quoting Meyer v. 4-D Insulation Co., Inc., 60 Ore. App. 70, 652 P.2d 852 (1982)). Edwards v. Talent Irrigation District, 280 Ore. 307, 570 P.2d 1169 (1977), and Macca v. Gen. Telephone Co. of N.W., 262 Ore. 414, 495 P.2d 1193 (1972).