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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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