Turturro v. Cont'l Airlines
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Summary

A court recognized that PTSD alone is not bodily injury, but that objectively verifiable neurological changes caused by emotional trauma may constitute bodily injury because structural brain changes can substantiate emotional injury.

2001 | Federal Juristiction

Turturro v. Cont'l Airlines

Keywords PTSD; bodily injury; emotional trauma; neurological changes; structural brain changes; emotional injury; verifiable neurological changes; brain changes
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Summary

A court determined that Post-Traumatic Stress Disorder (PTSD) by itself does not qualify as a bodily injury. However, the court also recognized that measurable changes in the brain resulting from severe emotional events might be considered a bodily injury. This is because observable alterations in brain structure can provide proof of emotional harm.

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Summary

A court determined that Post-Traumatic Stress Disorder (PTSD) by itself does not qualify as a physical injury. However, if emotional trauma leads to verifiable changes in the brain's structure, these changes could be considered a physical injury. This is because such structural changes provide objective evidence of emotional harm.

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Summary

A court determined that Post-Traumatic Stress Disorder (PTSD) by itself does not count as a physical injury. However, the court also recognized that actual changes in the brain's structure, which can be verified, might be considered a bodily injury if these changes result from emotional trauma. This means that emotional harm leading to physical changes in the brain could be classified as a bodily injury.

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Summary

A court decided that Post-Traumatic Stress Disorder (PTSD) by itself is not a physical injury. However, the court also said that real changes in the brain caused by upsetting events could be considered a physical injury. This is because actual changes to the brain's structure can show that emotional harm has occurred.

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Footnotes and Citation

Cite

Turturro v. Continental Airlines, 128 F. Supp. 2d 170, 178–80 (S.D.N.Y. 2001)

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