Harrington v. Barnett Bank of Tampa

Full title: MARIE HARRINGTON, Personal Representative of the Estate of ETTA B…

Court: District Court of Appeal of Florida, Second District

Date published: Mar 5, 1997

689 So. 2d 1169 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-00656

Opinion filed March 5, 1997.

Appeal from the Circuit Court for Hillsborough County; James D. Arnold, Judge.

Beth Gilmore Reineke of Reineke Associates, Tampa, for Appellant.

L. Joseph Shaheen, Jr., and Kevin J. Wilcox of Gardner, Wilkes, Shaheen Candelora, Tampa, for Appellee.

BLUE, Judge.

Marie Harrington, as personal representative of her mother's estate, appeals an order that dismissed her complaint against Barnett Bank of Tampa for negligent infliction of emotional distress. Although the trial court erred by applying Florida law to dismiss Harrington's cause of action, we conclude that the claim would be barred even under Delaware's version of the impact rule. See Mancino v. Webb, 274 A.2d 711 (Del. 1971). Accordingly, we affirm.

PARKER, A.C.J., and PATTERSON, J., Concur.