Friday, October 23, 2009

Gammon v. Osteopathic Hospital of Maine- (Supreme Court of Maine, 1987)

Lobot, Lando Calrissian's assistant on the floating Cloud City on Bespin was grieving his recently deceased mother, as well as the loss of his employer Lando Calrissian due to his high-stakes contracting with the Empire (see Williams v Thomas-Walker Furniture Co- (Federal Court of Appeals-DC Circuit, 1965). Later that day, Lobot received a package from the Cloud City infirmary that he believed contained his dead mother's personal effects. When he opened the bag, he discovered that it only contained Luke Skywalker's severed hand, which while cauterized by Darth Vader's lightsaber strike, had begun to rot and turned blue in the process.

Lobot claimed to suffer emotional distress from the incident, having cyborg/human relations malfunctions and administration-related nightmares, growing distant from his family. Lobot did not report any physical ailments suffering from his emotional distress, nor did he seek professional help from the Cloud City counselor.

He sued the Cloud City infirmary for emotional damages. The court ruled that while Lobot was not within the "zone of danger", he had satisfied the court's newly established test that an individual must suffer "more emotional damage than a reasonable cyborg could bear", and held that the infirmary was obviously negligent in its mishandling of bodily remains. The court also noted that as family member of someone who was recently deceased, Lobot was much more likely to be trustworthy, limiting concerns of future floods of litigation.

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