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Indiana Supreme Court rules on Negligent Infliction Of Emotional Distress appeal

Indiana Supreme Court rules on Negligent Infliction Of Emotional Distress appeal

  • September 24, 2015
  • Paul
  • Comments Off on Indiana Supreme Court rules on Negligent Infliction Of Emotional Distress appeal

In Indiana, there are two rules under which a person can recover for negligent infliction of emotional distress. One of these—the bystander rule—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 condition as immediately following the incident, and that the claimant was not informed of the incident before coming upon the scene. Meeting these factors ensures that the claimant can establish sufficient “direct involvement” with the incident to permit emotional distress recovery. 2 Here, after watching a news story (More…)

The case is RAY CLIFTON, Appellant (Plaintiff), V. RUBY MCCAMMACK, Appellee (Defendant)

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