Kallstrom v. United States

OPINION

CARPENETI, Justice.

I. INTRODUCTION

We accepted certification in this case to decide whether a Negligent Infliction of Emotional Distress (NIED) cause of action exists under Alaska law for a plaintiff who becomes a participant in the infliction of another's injuries through the negligence of the defendant. Because we think that such an extension is inadvisable, we hold that an NIED claim is not available to such an "unwitting instrument."

II. FACTS 1 AND PROCEEDINGS

On November 27, 1998, Blanche Kalistrom and other members of the public attended a social function and dance at Jake's Place,…