Kraszewski v. Baptist Medical Center of Oklahoma, Inc.

KAUGER, Vice Chief Justice:

The novel issue presented is: whether the appellant may recover damages *243for intentional infliction of emotional distress1 arising from seeing his wife fatally injured.2 We find that because the appellant may be entitled to damages for his emotional distress because: 1) he was directly physically involved in the incident; 2) he was damaged from viewing the injury to his wife rather than from learning of the accident later; and 3) he was the spouse of the party whose injury gave rise to his anguish.3 The *244cause is remanded for a jury determination on the issues of the…