A few days ago the Tennessee Supreme Court issued an opinion in Eskin v. Bartee, No. W2006-01336-SC-R11-CV (Tenn. Aug. 14, 2008). Justice Koch authored the opinion. It traces the origins of the tort of negligent infliction of emotional distress ("NIED") to the present. It's a good read and provides insight to this often confused tort.
In Eskin the Court held that a person who observes an injured family member shortly after an injury producing accident may pursue a claim for NIED. It is worth noting that the Court did not overrule its prior holdings in Camper v. Minor, 915 S.W.2d 437 (Tenn. 1996) or Lourcey v. Estate of Scarlett, 146 S.W.3d 48 (Tenn. 2004). Eskin, No. No. W2006-01336-SC-R11-CV, slip op. at 12.
In Eskin the Court held that a person who observes an injured family member shortly after an injury producing accident may pursue a claim for NIED. It is worth noting that the Court did not overrule its prior holdings in Camper v. Minor, 915 S.W.2d 437 (Tenn. 1996) or Lourcey v. Estate of Scarlett, 146 S.W.3d 48 (Tenn. 2004). Eskin, No. No. W2006-01336-SC-R11-CV, slip op. at 12.
Here's the link to the opinion:
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