Groves v. Taylor

SULLIVAN, Justice.

While standing in her driveway, plaintiff MaryBeth Groves heard the loud “pop” of a vehicle fatally striking her brother and turned to observe his body as it rolled off the highway. She appeals lower court determinations disallowing her. pursuit of mental trauma damages under the modified impact rule. Finding sufficient direct involvement, we hold that the plaintiff may present her mental trauma claim to a jury.

Background

A summary of the facts most favorable to the judgment shows that on August 29, 1994, eight-year-old MaryBeth and her six-year-old brother, Terry, walked…