Gain v. Carroll Mill Company
Washington Supreme Court
1Opinion of the CourtDore, J.
— The trial court dismissed a claim of negligent infliction of emotional distress caused by the negligent bodily injury of a family member. We hold the claim was properly dismissed, as the plaintiffs were not physically present at the scene of the accident.
Facts
This case arose out of an incident on March 2, 1987, when James S. Gain, a trooper for the Washington State Patrol, was killed by a truck owned by respondent Carroll Mill Company, Inc. On the same evening of the accident, during the 11 o'clock news, the appellants, the father and brother of the decedent, allegedly saw film relating to…
Also in this document: Concurrence.
2Cases cited13 opinions
- Dillon v. LeggCalifornia Supreme Court · 1968
- Hunsley v. GiardWashington Supreme Court · 1976
- Ochoa v. Superior CourtCalifornia Supreme Court · 1985
- Gates v. RichardsonWyoming Supreme Court · 1986
- Nancy P. v. D'AMATOMassachusetts Supreme Judicial Court · 1988
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3Cited by35 opinions
- Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
- Washington State Physicians Insurance Exchange & Ass'n v. Fisons Corp.Washington Supreme Court · 1993
- Reid v. Pierce CountyWashington Supreme Court · 1998
- Reid v. Pierce CountyWashington Supreme Court · 1998
- Clohessy v. BachelorSupreme Court of Connecticut · 1996
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