Baker v. Fitzgerald
Cases that cite this one
4 later published cases cite this decision.
- Gomez v. The City of Miami (United States District Court for the Southern District of Florida 2023)
- Johns Hopkins All Children's Hospital, Inc. v. Kowalski, Kowalski (Fla. Dist. Ct. App. 2025)
- Maletta v. Woodle (United States District Court for the Middle District of Florida 2021)
- William F.T. Lincoln v. Florida Gas Transmission Company LLC (11th Cir. 2015)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appellant, Patricia Baker, appeals from an order dismissing her claims for intentional and/or negligent infliction of emotional distress arising from the death of her adult son. We affirm.
Appellant contends that her complaint alleged sufficient physical injuries which resulted from her claimed emotional injuries to sustain an action for negligent infliction of emotional distress under Champion v. Gray, 478 So.2d 17 (Fla. 1985). Appellant further contends that her complaint stated a claim for intentional infliction of emotional distress, because it alleged willful, wanton, and malicious behavior.
Appellant’s claim under Champion fails because the injuries manifested by appellant were not of the nature, or within the time, contemplated by Champion. Appellant’s claim for intentional infliction of emotional distress fails because there was no showing of outrageous conduct directed at appellant herself. See M.M. v. M.P.S., 556 So.2d 1140 (Fla. 3d DCA 1989); Habelow v. Travelers Insurance Co., 389 So.2d 218 (Fla. 5th DCA 1980).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.