Justices to review ruling for father of fatally injured moped rider

May 4, 2015

The Indiana Supreme Court will hear a case, stemming from a fatal crash, in which the trial court and Court of Appeals reached different results.

Justices agreed to review Ray Clifton v. Ruby McCammack, 49A02-1404-CT-276. Ray Clifton’s son, Darryl, died after his moped was struck by Ruby McCammack.

Ray Clifton, 82, relied on Darryl to provide his care, and Ray sued after McCammack admitted negligence. Ray claimed intentional infliction of emotional distress because he had seen a news account of the crash, feared his son was involved, and raced to the scene to find Darryl was dead.

A Marion Superior judge granted summary judgment in favor of McCammack, but the Court of Appeals reversed. The appellate panel held the modified impact rule established in Shuamber v. Henderson, 579 N.E.2d 452, 454 (Ind. 1991), applied. The panel also found that Ray met the temporal and circumstantial requirements to satisfy the bystander rule allowing emotional distress claims established in Smith v. Toney, 862 N.E.2d 656 (Ind. 2007).

Justices also granted transfer in two other cases:

The Supreme Court also denied transfer petitions in 31 cases. Transfer dispositions may be viewed here.


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