...three mandatory requirements to state a claim for negligent infliction of emotional distress (NIED) under the bystander theory of recovery...injuries suffered by a close relative. We must determine whether bystander recovery for NIED is barred when Fortman could not experience a contemporaneous sensory awareness that the company's defective.... Fortman also contends that when weighing the competing public policies of limiting bystander recovery for NIED, and the policy imposing strict liability against the manufacturer of a defective...

...those plaintiffs who were present and contemporaneously perceived the causal connection between the accident and the injuries suffered by a close relative. We must determine whether bystander recovery for NIED is...close relative. Fortman also contends that when weighing the competing public policies of limiting bystander recovery for NIED, and the policy imposing strict liability against the...manufacturer of a defective product, this court should side with the policy imposing strict liability on manufacturers to permit bystander recovery when the plaintiff observes injuries sustained by a close relative arising from an u...

...between the accident and the injuries suffered by a close relative. We must determine whether bystander recovery for NIED is barred when Fortman could not experience a contemporaneous sensory awareness...relative. Fortman also contends that when weighing the competing public policies of limiting bystander recovery for NIED, and the policy imposing strict liability against the...manufacturer of a defective product, this court should side with the policy imposing strict liability on manufacturers to permit bystander recovery when the plaintiff obser...

...requirements to state a claim for negligent infliction of emotional distress (NIED) under the bystander theory of recovery. Our focus is on the second Thing requirement, that is, the plaintiff...close relative. We must determine whether bystander recovery for NIED is barred when Fortman could not experience a contemporaneous sensory awareness that the company's defective product was the cause...plaintiff who witnessed a ladder collapse and injure a close relative. Fortman also contends that when weighing the competing public policies of limiting bystander recovery for NIED, and...

...distraught as a result of Baby Angel's emergency delivery that he attempted suicide. As the Nevada Supreme Court once noted, one argument against bystander recovery for NIED was the difficulty or...between the plaintiff and victim. Greco, 893 P.2d at 351 n. 10. This test recognizes the traditional NIED tort for a bystander's emotional.... February 4, 2011 ORDER (Motion for Summary Judgment-#47; Motion for Summary Judgment-#48...

.... 1984). Bystander recovery for NIED in New York is a narrow avenue. See Trombetta v. Conkling...she was not an immediate family member of the decedent, the Court finds that she is not eligible for bystander NIED. See Trombetta, ...claims for bystander NIED damages and direct duty NIED damages. On March 11, 2011, Plaintiffs retained counsel to represent...

... the facts of this case is the bystander theory. The Court, in determining as a matter of law whether to preclude liability for bystander recovery ...her children were injured during the removal process. Therefore, Defendants' Motion for Summary Judgment is granted as it relates to Boston's NIED claim. E...United States District Court Southern District of Indiana Order on Motion for Summary Judgment (ECF No. 35) Plaintiff Ciera Boston, on her behalf and as...

...states' bystander recovery tests). The term "bystander recovery," as used in this opinion, refers to a NIED cause of action ....2d 912 (1968). In Dillon, the California court permitted NIED recovery by a mother who was outside of the zone of physical danger when she witnessed her daughter being struck and killed by a car. Id. at 914. The c.... We decline to adopt the impact test for bystander recovery because such a test would be at od...

...the specific language of Chizmar, which the government reads as limiting recovery for NIED without physical injury only to those owed a preexisting duty. However, our decision in that case later recognizes that the r.... The bystander and preexisting duty exceptions permit recovery for NIED in the absence of physical injury because they "represent isolated situations where courts have...Distress (NIED) cause of action exists under Alaska law for a plaintiff who becomes a participant in the infliction of another's injuries through the negligence of the defendant. Because we think that such...

...(D.Hawai'i 1992)). Finally, the Chan panel described what it called the "bystander proximity" test for NIED as follows: The bystander proximity rule permits ...of the cases the [ Gottshall] Court cited as using the ["zone of danger"] test, the plaintiffs sought to recover for NIED on the basis that they had witnessed another ...common law tests defining the class of plaintiffs who can recover damages for NIED that even arguably applies in this case — recovery of damages for NIED is allowed without proof of any physical impact or...

...intolerable burden on society." (citations omitted)). Several jurisdictions have extended the class of individuals who may recover for NIED beyond those expressly mentioned in ...of Appeals denied recovery for a best friend and advanced two reasons for refusing to expand NIED recovery beyond the immediate family members expressly mentioned in the Prosser quote...732 (cautions against broad reading of holding that allowed bystander recovery for parents of still-born child). Spence, 37 F.3d at...

...is foreseeable and the plaintiff is entitled to assert a claim for NIED. The test contains no requirement that the plaintiff contemporaneously compre...for bystander NIED claims. As the court concluded, "the societal benefits of certainty in the law, as well as traditional concepts of tort law, dictate limitation...)). IV. DISCUSSION In its decision on summary judgment, the superior court concluded that "[i]nherent in [Alaska's] cases [allowing recovery for NIED...

...specific circumstances under which New Mexico courts have previously considered emotional distress damages. {23} Recovery for negligent infliction of emotional distress (NIED) is limite...on recovery for NIED is discussed in Madrid v. Lincoln County Medical Center, where our Supreme Court dealt with a unique fact pattern regarding exposure to HIV. 1996-NMSC-049, ¶ 1...Fernandez watched her baby granddaughter slowly suffocate as the result of a negligently filled prescription. Id. ¶ These facts were insufficient, however, to support a claim for NIED...

....2d 912 (1968), has influenced the development of bystander NIED both in New Mexico and throughout the nation. As the United States Supreme Court has recognized, nearl...prerequisites. New Mexico first permitted a bystander to recover for NIED in 1983 in Ramirez. The Ramirez Court relied heavily upon Dillon and essentially...courts have faced in developing the cause of action for bystander recovery has been in balancing competing interests. Those competing interests include "allow[ing] plaintiffs to recover for negligently...

...a bystander was not precluded by the lack of a direct victim. Defendants contend the claim was properly classified as a NIED claim, the lack of a direct victim precludes recovery for a bystander in a ...grandfather was injured until the electricity was shut off. Id. at 825-26. ¶ 37 Neither Buckley nor Hayes allowed for recovery in a NIED bystander case where there was no...he was in the "zone of danger," noting that all the cases relied on by plaintiffs required and contained a direct victim before the bystander who was in the zone of danger could recover for a NIED...

...." These statements, although dicta, suggest that Dillon and its progeny did not establish that relatives of a tortfeasor can recover for NIED, even if the tortfeas...Schacks then petitioned for allowance of the NIED claim, and the Estate moved for summary judgment. The Estate contended that the NIED claim failed as a matter of law because Alaska's bystander.... We have stated that the bystander and preexisting duty exceptions to the physical injury requirement for NIED claims, while the only...

...to impact the victim physically to justify recovery for NIED (“impact rule”). Thereafter, the requirements to state a NIED claim expanded to allow the victim to be in close proximity of physical impact (“zone of im...adopted the theory of bystander liability. The adoption of the bystander liability theory of NIED allowed recovery for emotional distress for plaintiffs who witnessed an accident causing serious i...tests for NIED, such as the zone of danger or bystander theories of liability, discussed infra, and because Defendants' actions in no...

...action for NIED. Indeed, a case prior to Thing refused recovery for a bystander claim on behalf of a cousin even when it was alleged that the cousins had a relationship analogous to that of...v. Legg (1968) 68 Cal.2d 728 concerning bystander recovery for damages for emotional distress. In that case, the high court departed from a long-standing for..., supra, 48 Cal.3d at p. 648.) One of the issues discussed was who could assert NIED bystander claims — the issue that must be examined in this case....