Imogene Williams sued the U.S. Elevator Corp.

She claimed that when she entered one of the company’s elevators, it went up three floors but failed to open, fell several floors, stopped, and then continued to erratically rise and fall for about 40 minutes. She claimed physical injuries and emotional distress. At trial, U.S. Elevator disputed every allegation. When the judge instructed the jury, he asked them to decide whether the company had been negligent. If it had, the jury was to decide what physical injuries Williams had suffered. The judge also instructed them that she could receive money for emotional damages only if the emotional damages resulted from her physical injury. The jury found for U.S.

Elevator, deciding that it had not been negligent.

On appeal, Williams argues that the judge was wrong in stating that the emotional injuries had to result from the physical injuries. The court of appeals agreed that the instruction was incorrect. There could be emotional damages even if there were no physical injuries. What appellate remedy is appropriate?