Legal Opinion
Smith v. Toney
Indiana Supreme Court
Decided March 13, 2007No. 94S00-0602-CQ-48PublishedCited by 13 opinions
1Opinion of the Court
On Certified Question
BOEHM, Justice.
Indiana law allows a claim for negligent infliction of emotional distress under some limited circumstances even if the plaintiff has suffered no physical injury or impact as a result of the defendant’s negligence. We hold today that although a spouse may assert such a claim of negligent infliction of emotional distress a fiancée may not. We also hold that such a claim requires that the plaintiff have learned of the incident by having witnessed the injury or the immediate gruesome aftermath.
Facts and Procedural History
The United States District Court for the…
2Cases cited25 opinions
- Thing v. La ChusaCalifornia Supreme Court · 1989
- Bader v. JohnsonIndiana Supreme Court · 2000
- Shuamber v. HendersonIndiana Supreme Court · 1991
- Bowen v. Lumbermens Mutual Casualty Co.Wisconsin Supreme Court · 1994
- Elden v. SheldonCalifornia Supreme Court · 1988
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3Cited by13 opinions
- York v. FredrickIndiana Court of Appeals · 2011
- Ray Clifton v. Ruby McCammackIndiana Supreme Court · 2015
- KA v. City of IndianapolisIndiana Court of Appeals · 2011
- Jones v. GriggsCourt of Appeals for the Seventh Circuit · 2015
- Ray Clifton v. Ruby McCammackIndiana Court of Appeals · 2014
8 more not listed; retrieve them via the Exa API.