Moore v. Eckman

BAKER, Justice.

Defendant Pekin Insurance Company appeals in advance of judgment the district court’s ruling denying its motion for partial summary judgment. Pekin claims that the district court erred in denying it summary judgment on Carole Moore’s bystander liability claim because under Iowa law, a bystander must have had a sensory and contemporaneous observance of the injury-causing accident to recover for negligent infliction of emotional distress. Pe-kin argues that Plaintiff Carole Moore did not actually witness her son’s accident which resulted in his death, but arrived immediately…