Ray Clifton v. Ruby McCammack

On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-1404-CT-276

RUSH, Chief Justice.

In Indiana, there are two rules under which a person can recover for negligent infliction of emotional distress. One of these — the bystander rale — requires, in part, that the person claiming emotional trauma meet certain “circumstantial” factors, which this Court has previously held are questions of law. Specifically, under our precedent, the claimant must demonstrate that the scene viewed was essentially as it was at the time of the incident, that the victim was in essentially the same…