James v. Lieb case brief

James v. Lieb case brief summary
375 N.W.2d 109 (Neb. 1985)

PROCEDURAL POSTURE: Appellant parents sought review of an order of the District Court for Douglas County (Nebraska), which sustained the demurrer of appellees, trucking service and driver, in the parents' action on behalf of their son for emotional distress after their son witnessed the driver run over his sister.

OVERVIEW: The son and daughter were riding their bicycles when the garbage truck owned by the trucking service backed into an intersection, through a stop sign, and hit and ran over the daughter, killing her. The son helplessly watched the entire incident. As a result, the son became physically ill and suffered mental anguish and emotional distress. Defendants contended that because the parents failed to allege that the son was within the zone of danger or in fear for his own safety, no cause of action for emotional distress had been asserted. Based upon prior case law, the trial court dismissed the petition.

HOLDING:
The court reversed and remanded, expressly overruling the zone of danger rule adopted in Fournell v. Usher Pest Control Co., 305 N.W.2d 605 (1981).

ANALYSIS:
-The parents had stated a cause of action for their son for negligent infliction of foreseeable emotional distress by alleging that he had an intimate familial relationship with the victim, his sister, and that she was killed as a result of the negligence of the driver and trucking service.

OUTCOME: The court reversed the grant of the dismissal of the parents' action and remanded.

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