Mark Tinker of CSK’s Tampa office obtained an affirmance of the trial court’s dismissal of claims for emotional distress arising out of injuries to a household pet. The trial court dismissed those claims based on the impact rule, but the court would have allowed all other property damage claims to proceed. Nevertheless, the plaintiff demanded entry of an adverse judgment so he could immediately appeal the emotional distress issue. Mark successfully argued that, by doing so, the plaintiff invited any error which may have occurred - through entry into a consent judgment - and therefore had no valid basis to appeal anything.
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