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Ask MShore Your Own Question
MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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I dont have $50 to spend but, Ill just ask one, simple question.

Customer Question

I don't have $50 to spend but, I'll just ask one, simple question. I just bought a large rear tine tiller and it was delivered to my residence. Did everything my Daddy taught me and started it. After warm-up...l put it reverse (the clutch lever was UP) and in a second or two I had about 270 lbs. of tiller about one half of a small step away from being run over the machine. I hired a licensed mechanic to exam the tiller. He stated, without a doubt, that someone who put the machine together did something incorrectly. No, I did not incure any bodily/physical injury and there was no property damage. I did/do know that I experienced a psychological injury. I can't get the picture of the tiller just runnin' up my chest and over my 62-year old head!

Is there any recourse in a case like this? I just have to know yes or no to get some piece of mind. I will be talking to my lawyer here in Wahpeton, ND 58075 for her take on this malady.

Over to one of you!

Thanks.

Terry Schneider (a.k.a. The Fuzz)
Submitted: 5 years ago.
Category: Legal
Expert:  MShore replied 5 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Did you ever receive any treatment for your emotional distress, or have any tangible evidence of it?
Customer: replied 5 years ago.

No. Where would I have gotten any tangible evidence? The County Nurse was not visiting me at the time.

 

I came close but, I held on! Would wetting or the other one's self qualify? I hired a certified mechanic to come over and all he could do is shake his head and say "You've got something here." I don't know how much he is going to charge me. We aren't even close to arriving at an adequate answer and/or recommendation. If this is all I get for $38, I give you $20 for your trouble and we'll be on our way. Hope I am not being or sounding rude. That is not my style.

Expert:  MShore replied 5 years ago.
Tangible evidence would come in the form of medical diagnosis or the notes/evaluation of a mental health professional. If you have such evidence of your emotional distress, you can then bring a claim for the intentional infliction of emotional distress. Absent such evidence, it would be difficult for you to bring a claim because you would have a hard time meeting the preponderance of the evidence burden.

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