Legal Question in Civil Litigation in New York
The Archdiocese of NY (ADNY) has decided to close my son's school. He is a 7th grader who has been in the same school 8 yrs (since K). The announcement was made a week before midterms and has affected him tremendously...he's so scared of failing tests and having to go to public school that he has trouble sleeping, lots of nightmares, has depression and cries very easily over the smallest of things. Can I sue the ADNY for mental anguish? The ADNY announced it November that is was making changes and would have recommendations in January. Then they announce all school closings the week before midterms.
1 Answer from Attorneys
No, I don't see how you can sue the Archdiocese for emotional distress. First, in New York, the tort of negligent or intentional infliction of emotional distress requires action that truly shocks the conscience. Second, I don't see your son's anguish as being the foreseeable result of the Archdiocese's decision.
Granted, the Archdiocese's decision was badly-timed and, at best, insensitive to its students.
It is your job to reassure your son that everything will be all right and that he will be able to continue on in a school that he might like every bit as much as his former school. You might also wish to point out to him that public school is not quite as bad as he might fear.
Good luck to you and to your son.
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