Sunday, March 24, 2013

Grotts v. Zahner case brief

Grotts v. Zahner case brief summary
989 P.2d 415 (Nev. 1999)

PROCEDURAL POSTURE: Appellant, fiance of person fatally injured in an accident, challenged decision of Eighth Judicial District Court, Clark County (Nevada) dismissing her claim of bystander emotional distress against respondent.

FACTS:
-Appellant, Kellie Grotts ("Grotts"), and her fiance were involved in an accident with respondent Gertrude Zahner ("Zahner").
-Grotts commenced her action below against Zahner seeking "bystander" emotional distress damages in connection with fatal injuries sustained by her fiance in the accident.
-The district court dismissed her claim of bystander emotional distress on the ground that she was not, as a matter of law, "closely related" to her fiance for these purposes. Grotts appeals.

HOLDING: The court concluded that in claims for bystander emotional distress, immediate family members of the victim qualified for standing to bring negligent infliction of emotional distress claims as a matter of law.

ANALYSIS:
-When the family relationship between the victim and the bystander was beyond the immediate family, the fact finder was to assess the nature and quality of the relationship and, therefrom, determine as a factual matter whether the relationship was close enough to confer standing.
-This latter category represented the "few close cases" where standing would be determined as an issue of fact.
-The court held that any non-family "relationship" failed, as a matter of law, to qualify for negligent infliction of emotional distress standing.
-Because appellant was not a member of the decedent's family by blood or marriage, she did not have standing to bring an action for bystander emotional distress.

OUTCOME: Decision affirmed because as a non-family member, appellant did not have standing to bring bystander emotional distress claim as a matter of law.

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