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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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