Legal Opinion

Colbert v. Moomba Sports, Inc.

Court of Appeals of Washington

Decided May 16, 2006No. 33283-3-IIPublishedCited by 5 opinions

1Opinion of the CourtHunt, J.

¶1 Jay Colbert (Colbert) appeals summary judgment dismissal of his action for negligent infliction of emotional distress (NIED) against Skier’s Choice, Inc. (SC). Colbert’s daughter drowned swimming in a lake after inhaling carbon monoxide while hanging onto the rear of a moving motorboat manufactured by SC. Colbert argues that he suffered emotional distress after seeing rescuers in the distance pull his daughter’s body from a lake two to three hours after she drowned. Holding that Colbert has failed to state an actionable claim for NIED, we affirm.

FACTS

I. Drowning

¶2 Shortly after 2:00 am one…

2Cases cited28 opinions

  1. Wilson v. SteinbachWashington Supreme Court · 1982
  2. Tincani v. Inland Empire Zoological SocietyWashington Supreme Court · 1994
  3. Hunsley v. GiardWashington Supreme Court · 1976
  4. Masaki v. General Motors Corp.Hawaii Supreme Court · 1989
  5. Hutchins v. 1001 Fourth Avenue AssociatesWashington Supreme Court · 1991

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3Cited by5 opinions

  1. Colbert v. Moomba Sports, Inc.Washington Supreme Court · 2008
  2. Colbert v. Moomba Sports, Inc.Washington Supreme Court · 2008
  3. Colbert v. Moomba Sports, Inc.Washington Supreme Court · 2008
  4. Davis v. Department of CorrectionsDistrict Court, W.D. Washington · 2022
  5. Exendine v. Sammamish CityCourt of Appeals for the Ninth Circuit · 2008

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