Posttraumatic Stress Disorder in Negligence Claims

Abstract

In Boivin v. Somatex, Inc., 279 A.3d 393 (Me. 2022), the Supreme Judicial Court of Maine ruled that the plaintiff’s employer was entitled to summary judgment because the plaintiff failed to establish a prima facie case that her claim for posttraumatic stress disorder (PTSD) satisfied the state’s physical injury requirement for negligence. The lower court also found that the plaintiff could not recover for negligent infliction of emotional distress (NIED) because she was not a direct victim of the company’s negligence.