ILNews

Supreme Court rules on emotional distress case

Michael W. Hoskins
January 1, 2007
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Spouses can recover damages for negligent infliction of emotional distress claims even when there is no physical injury or direct impact, but unmarried or engaged couples cannot, the Indiana Supreme Court said today.

The state ;s high court also held in its opinion that such a claim requires the plaintiff to have learned of the incident by having either witnessed the injury or the immediate gruesome aftermath.

Its unanimous opinion with a separate concurring opinion from two justices is the answer to a certified question from the 7th Circuit Court of Appeals in Amy Smith v. James M. Toney and John Christner Trucking Co. The case comes out of Marion County following an accident where Smith ;s fiancée, Eli Welch, collided with a tractor-trailer on I-70 near Plainfield in June 2003. She later went to find Welch in the early morning hours and drove by the accident scene where she observed what had happened. Smith sued in 2004, alleging severe emotional distress from her fiancée ;s death.

After being assigned to the 7th Circuit, the federal circuit court sent the case back to Indiana to reinterpret a 2000 state ruling and determine whether temporal or relationship determinations exist for plaintiffs to bring bystander claims of emotional distress, and whether a fiancée is "analogous to a spouse" as used in the past decision and what "soon after the death of a loved one" means.

On the first question, the justices stated three reasons: that marriage affords a bright line and is often adopted by the legislature in defining permissible tort recovery; that the marriage line avoids the need to further explore any relationships that could be asserted as "analogous"; and that limiting defendants ; liability to spouses limits the scope of potentially liability.

"Drawing a bright-line distinction in the context of bystander recovery for negligent infliction of emotional distress between spouses and engaged couples recognizes these different legal duties and responsibilities," Justice Ted Boehm wrote.

In addressing the meaning of "soon after the death of a loved one," the court wrote that a requirement of bystander recovery is both temporal and circumstantial, and the scene viewed by a claimant must be essentially the same as it was at the time of the incident and the claimant must not have been notified of it before arriving.

A single paragraph concurring opinion from Justice Frank Sullivan and concurred by Justice Robert D. Rucker states, "… The majority opinion makes clear that Welch and Smith were not involved in a cohabiting but unmarried relationship. As such, its comments with respect to relationships other than the fiancé-fiancée relationship at issue here are unnecessary to the decision in this case and therefore not precedential."

Read the full opinion at Amy Smith v. James M. Toney and John Christner Trucking Co. Inc.
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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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