Gabaldon v. Jay-Bi Property Management, Inc.

OPINION

MINZNER, Justice.

Appellant Christine Gabaldon appeals from summary judgment granted in favor of Defendant Jay-Bi Property Management, Inc. (hereinafter “Jay-Bi”) on Gabaldon’s claims of negligent infliction of emotional distress. In this appeal we address whether Gabaldon or her daughter, Charlene Baldizan, “contemporaneously perceived” the near-drowning of Victor Baldizan. We take this opportunity to explain the concept of contemporaneous sensory perception. However, we conclude that neither Gabaldon nor her daughter contemporaneously perceived the accident, and we accordingly affirm…