Stadler v. Cross

OTIS, Justice.

Plaintiffs brought an action for damages against defendants for negligent infliction of emotional and mental distress arising from the plaintiffs’ witnessing of a traffic accident in which defendants’ truck struck plaintiffs’ child as he crossed a park road. In their answer defendants alleged that plaintiffs had failed to state a claim for which relief could be granted. Plaintiffs moved for a summary judgment dismissing defendants’ defense of failure to state a claim. Defendants then moved for summary judgment on the grounds that plaintiffs’ affidavits did not present facts to…