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Nationwide Mut. Fire Ins. Co. v. Lam

Plaintiff could recover on her emotional distress claim arising out of an accident in which she suffered no physical injury because she suffered a pecuniary loss in that she incurred substantial medical bills due to the aggravation of her pre-existing mental condition.

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This appeal requires us to apply the principles set forth by the Georgia Supreme Court in Ob-Gyn Assoc. v. Littleton, 259 Ga. 663 386 SE2d 146 1989 Littleton II, and reaffirmed in Ob-Gyn Assoc. v. Littleton, 261 Ga. 664 410 SE2d 121 1991 Littleton IV, regarding the recoverability of damages for mental injury or emotional distress under the so-called “impact rule.1 ” Applying those principles to the facts of this case, we conclude that a possibility of recovery exists under the claim presented by Lam, and the trial court therefore did not err in denying Nationwide’s motion for summary judgment.

The record shows that Mai Bach Lam and her husband were involved in an automobile collision between their vehicle and that of Retha Rene Eller. They sought recovery from Nationwide, their uninsured motorist carrier, on the ground that Eller was an underinsured motorist. Lam’s husband sustained physical injuries, and he settled with Nationwide. He is a party to this appeal only as a claimant for damages for loss of consortium. Although Lam suffered no physical injuries as a result of the collision, Lam testified on her deposition that the collision aggravated a pre-existing mental illness.

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