Warehouse$-$Mart is a retailer with a business model centered on low overhead and cheap prices on bulk quantities for consumers in a warehouse$-$type setting. Falstaff is a customer and reaches up for a large box of detergent. The detergent had been stacked incorrectly by Warehouse$-$Mart employees, and an entire stack falls upon Falstaff. Although he was upset about the incident, he did not suffer any physical injury. If Falstaff pursues a negligence claim against Warehouse$-$Mart on the theory that their negligence caused him mental distress, which element is missing?