Barnhill v. Davis

McGIVERIN, Justice.

When, if ever, should a bystander be able to recover for emotional distress resulting from witnessing the negligent infliction of harm on another person? The trial court sustained defendants’ motion for summary judgment, resulting in dismissal of plaintiff-bystander’s petition. We reverse.

I. Background. In reviewing the trial court’s grant of summary judgment, we view the facts in the entire record in the light most favorable to the party opposing the motion. Tasco, Inc. v. Winkel, 281 N.W.2d 280, 282 (Iowa 1979). Summary judgment is proper only where there is no genuine…