Towns v. Anderson

This case raises the issue of whether Colorado should adopt or reaffirm the so-called impact requirement in cases of negligently inflicted emotional distress where that distress has resulted in serious physical manifestations. The district court dismissed plaintiffs action for failure to prove any physical injury or impact sustained at the scene of the accident. The court of appeals affirmed. 39 Colo. App. 332, 567 P.2d 814 (1977). We reverse.

On July 5, 1974, the home in which plaintiff lived with his family was destroyed by an explosion and fire. At the time, plaintiff was eleven years old.…