Acosta v. Castle Construction, Inc.

OPINION

ALARID, Judge.

Plaintiff-In-Intervention Jaime Acosta (Acosta) appeals the trial court’s grant of summary judgment in favor of Defendants. The sole issue raised on appeal is whether the trial, court erred in granting Defendants’ motion for summary judgment because Acosta did not establish the element of “contemporary sensory perception of the accident” which is necessary for a claim of negligent infliction of emotional distress. We answer in the affirmative and reverse the grant of summary judgment.

Standard of Review

Summary judgment is a drastic remedy which should only be used with…