R.S.R. v. Dept. of Human Services

In absence of physical injury, a party may recover emotional and psychological damages if they establish that they have a “special relationship” with the other party. See Lowe v. Philip Morris USA, Inc., 207 Or App 532, 551, 142 P3d 1079 (2006).

Appellant appealed the trial court's dismissal of his complaint alleging negligent infliction of emotional distress. Appellant assigned error to the trial court’s dismissal of the complaint pursuant to former ORCP 21 A(8). Appellant asserted in his appeal that the allegations in his complaint satisfied the requirement that he and DHS had a "special relationship." He demonstrated his position by pointing to various child-protection statutes and related administrative rules. In absence of physical injury, a plaintiff may recover emotional and psychological damages if they establish that they have a “special relationship” with the other party. See Lowe v. Philip Morris USA, Inc., 207 Or App 532, 551, 142 P3d 1079 (2006). As a result of Appellant’s failure to apply the authorities cited to the case at hand, the Court found that Appellant failed to demonstrate a "special relationship" between him and DHS. Affirmed.