ML19260A207

Preliminary Plan for Presentation of Psychological Distress Evidence,Submitted by Intervenors Newberry Township TMI Steering Committee,M Minnich,Rj Zlogar,Ls Carlisle,V Phillips,Cw Wolfe,Li Dominoski,Pa Smith & DM Umholz

ML19260A207
Person / Time
Site:	Three Mile Island
Issue date:	10/22/1979
From:	Cunningham J FOX, FARR & CUNNINGHAM, NEWBERRY TOWNSHIP, YORK HAVEN, PA
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 7911080174
Download: ML19260A207 (4)

Text

I C PUBLIC DMIENT ROOM '

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@* $ 7' UNITED STATES OF AMERICA G  :

NUCIEAR REGUALTORY COMMISSION g($g y ,

=Th5h Ru BEFORE THE ATCMIC SAFETY AND LICENSING 30ARD In the Matter of  :

l METROPOLITAN EDISCN CCMPANY,  : Docket No.30-239 et al.  :

(Three Mile Island, Unit 1)  :

! PRELIMINARY PLAN FOR PRESENTATION OF

?SYCHOLOGICAL DISTRESS E'TIDENCE 3Y THE NEW3ERRY TOWNSHIP T.M.I. STEERING CO M TTEE AND MICKEY MINNICH; RICHARD J. ZLCGAR; LINDA S. CARLISLE; VIRGINIA PHILLIPS; C. WILLIS WOLFE; LINDA I. DOMIN0 SKI; PATRICIA A. SMITH; DONNA M. UMHOLTZ; COLLEEN M. CLARK; M. DAVID CLARK; AND MICFAEL L. GLCCK, M.D.

AND NCW, to wit, this 22nd day of October,1979, comes the Petitioners, by and through their counsel, JORDAN D. CUNNINGHAM, ESQUIRE, and files this Pre 11ninary Plan for Presentation of Psychological Distress Evidence, as follows:

Petitioners intend, by the tine that this natter is ready to be heard, to have completed a sophisticated psychological survey of Newberry Township, Pennsylvania. The survey will neasure phsychological stress factors which Petitione.rs intend to introduce into evidence at the cine of the hearing of this natter. Petitioners also intend to introduce lay evi:dence rugarding the health and sense of well being of the Petitioners, l

as evidenced by their feelings of increased anxiety, tension and fear, a sense of helplessness and such physical disorders as skin rashes, aggravated ulcers, skeletal and nuscular problens, and other physical and nantal disorders. 9 1295 c25 N1 oso / 7 y

4 Finally, the Petitioners intend to introduce expert testi=ony regarding the manifestations of psychological distress that arise af ter the occurrence of =ajor disasters.

On July 11, 1979, the Pennsylvania Supreme Court, in the case of Sinn v. Burd, Pa. , 404, A.2d 672 (1979), substantially extended the theory of negligent infliction of cental distress. In the Sinn deciaica, the Pennsylvania Supreme Court, writing through Justice Nix, held that in the past that the Pennsylvania Supreme Court had held that it had long been assu=ed that =edical science was unable to establish that alleged psychic injuries had in fact resulted from the witnessing of accidents. The Court in overruling th_s long precedence stated that the growing confidence of =edic21 science in the field of psychic injuries had diminished thy problems of proof in = ental distress cases. The development psychiatric tests and the refinement of diagnostic technicues had lead some authorities to conclu'de that science can establish, with reasonable =edical certainty, the existence and severity of psychic har=.

The Court went on to say that in cases involving negligently inflicted

= ental distress, the changes in the law have not kept pace with the increased sophistication of psychiatry. Moreover, the Court continued and held that advance =ent in modern science leads the Court to further conclude that psychic injury is capable of being proven despite the absence l

l of a physical manifestation of such injury. The. Pennsylvania Supre=e Court

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l in ruling that the requirement of resulting physical injury to guarantee the genuineness of a clais held that because other standards exist to test l

! the authenticity of plaintiff's claim for relief, the require =ent of i

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l resulting physical injury, like the requirement of physical impact, should not stand as another artificial bar to recovery, but merely be admissable as evidence of the degree of mental or emotional stress suffered. Thus, the law of Pennsylvania is that psychological stress and psychic injuries are injuries for which da= ages =ay be recovered in absence of either impact or physical manifestation of the psychological injury.

Therefore, it is argued that Pennsylvania Court's recognition of a cause of action for a psychological distress should give the Cocnission some idea of the state of the Art of Stress Psychology and whether the discipline can produce reliable evidence on the subject.

The Petitioners also would direct the Cc= mission to consider the following law review articles with regard to the issue of psychological stress. The articles are as follows:

" Negligently Inflicted Mental Distress: The Case for an Independent Tort",59 Geo. L.J.1237 (1971);

" Psychosomatic Injury, Traumatic Psycheneurosis, and Law",

6 Cleve.-Mar. L. Rev. 428;

" Relations of Emotions to Injury and Disease", 30 Va. L.

Rev. 193 (1943);

" Bystanders Recovery for Negligently Inflicted Mental Distress", 29 Ark. L. Rev. 562 (1976);

" Mental Suffering and Its Consequences", 7 Univ. Ark.

L. Schl. Sul. 43 (1939); and

" Mental and E=otional Disturbance in the Law of Torts" 19 Erv. L. Rev. 1033 (1936).

Respectfully submitted, FOX, - - CUNF .6 M October 22, 1979

31. ._ ,

rdan D. am .

Attorney et'~ .s 1295 227 2320 Nort Sec-Harrisburg, PA 17110 mereet y

CERTIFICATE OF SERVICE

. tid NCW, this 22nd day of October,1979, I, JCRDAN D. CUNNI'IGEAM, Attorney for Petitioners, hereby certify that I served the within Prelimiinary Paln for Presentation of Psychological Distress Evidence, by depositing sa=e in the United States Mail, postage prepaid. at the post office in Harrisburg, Pennsylvania, addressed to:

Executive Legal Director U. S. Nuclear Regulatory Con: mission Washington, D.C. 20535 f Mr. George F. Trowbridge, Esq.

SHAW, PIDAN, POTTS & TROWBRIDGE 1800 M Streec, N.W.

Washington, D.C. 20036 Secretary, U.S. Nuclear Regulatory Commissien Washington, D.C. 20535 ATTN: Chief, Docketing and Service Section Ivan W. Smith Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatorv - ssica Washington, D.C. 2 ~ s

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