Smith v. Smith

LARSON, Justice.

Shirley Smith, on behalf of her minor son, Levi Smith, sued the child’s father, defendant Raymond Smith, for negligent infliction of emotional distress when Levi witnessed the events surrounding the death of his younger brother, Eli. The child died as a result of the defendant backing over him with a van. The district court concluded it had no subject matter jurisdiction, based on parental immunity, and dismissed the case. We reverse and remand for further proceedings.

I. Facts and Prior Proceedings.

The plaintiff filed this suit against Raymond Smith and an insurer not involved…