>As soon as I saw this story, I knew it deserved mention up here.
Joan Najbar sent a letter to her son who was in Iraq. It came back stamped “deceased.” She was pretty upset, understandably so, and went on a hunt to find out if this was true. She found out that it wasn’t, and this whole ordeal made her so upset…and she’s suing. She’s suing because the deceased stamp thing made her existing psychiatric condition worse, and she had to miss work. She also feared for her own safety and the safety of her son. She’s claiming negligence and intentional infliction of emotional distress.
First, it was a mistake! If it was a mistake, there can be no negligence or intentional anything. It happened, it was a mistake, she found out it was a mistake, she should be happy that her son is alive and get on with her life.
Second, why did this bit of red ink make her fear for her own safety? I understand how it might bring to the forefront how much her son’s life is at risk when he’s serving, but her own safety? I find that whole thing hard to swallow.
Hopefully she loses. If anyone has any sense, she will. Then she’ll sue the firm representing her for not doing a better job.