Gardner v. Gardner

WHICHARD, Justice.

This case presents the question whether a mother who is not present at the scene of a car accident in which her child is injured may recover for negligent infliction of emotional distress (NIED) when she suffers mental anguish upon being informed of the accident, rushing to the hospital where she observes resuscitative efforts by emergency personnel upon her child, and later learning of her child’s death. We hold that because the pleadings and forecast of evidence fail to establish the reasonable foreseeability of her injury, she cannot, and we therefore reverse the decision…