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Renville v. Fredrickson11/16/2004
, not fraudulent claims, will be compensated. Henricksen v. State , 2004 MT 20, 79, 319 Mont. 307, 79, 84 P.3d 38, 79.
In Sacco , we also noted that serious mental distress could be found "where a reasonable man, normally constituted, would be unable to adequately cope with the mental stress engendered by the circumstances of the case." Sacco , 271 Mont. at 231, 896 P.2d at 424 (citation omitted). Other factors to be considered in determining the severity of emotional distress are the intensity and duration of the distress, circumstances under which the infliction occurred, and the party relationships involved. By evaluating these factors, one may determine when and where a reasonable person should or should not have to endure certain kinds of emotional distress. Sacco , 271 Mont. at 234, 896 P.2d at 426 (citation omitted).
Our de novo review of the record leads us to conclude that Renville has not presented evidence establishing that the distress caused by her son's death was so severe "that no reasonable person should be expected to endure it." The only substantive testimony in the record on this issue is Renville's sworn statement dated March 6, 2002. In this statement, Renville testified that when the officer notified her of Sorenson's death, her adult daughter, who was living with her at the time, began to scream and cry and she began to scream and cry and her body shook. She stated that while she had been taking Valium for approximately fifteen years (since her brother's death), she was required to take several additional pills during the time between Sorenson's death and his funeral. She also testified that her need for Valium has increased "a little at times" since Sorenson's death but that "sometimes [it is] the same as it was before." She indicated that she took anti-depressants for about two weeks after his death but stopped taking them because she did not like to take pills. Renville further related that over the months after Sorenson's death, unexpected memories would trigger tears. She claimed that some of her children have commented that she seems depressed, "not all of the time, only when [Sorenson is] brought up." She has not sought counseling, nor has it been suggested by friends or family that she do so. She explained, when asked why she did not seek professional help, "I don't know. Talk to my family. You've got to comfort each other. There's nothing you can do about it. Life goes on, but you still miss the person, especially when they're close to you." She further concluded that she has "to learn to deal with it, and that's that."
While we sympathize with Renville for her loss, our review of her testimony does not lead us to conclude that her emotional distress is so severe that it rises to the level of a compensable claim. There was no indication of any physical manifestation of grief; no counseling has been sought or recommended; Renville chose not to take anti-depressants; her use of Valium has not dramatically increased; she does not have continuous nights of sleeplessness or days without appetite; and she maintains close relationships with family members and friends. The loss of or serious injury to a child, whether an adult or a minor, is no doubt a traumatic experience, but it is one experienced by countless parents every year. And while we believe that under some circumstances the resulting distress may be "so severe that no reasonable person could be expected to endure it," Sacco , 271 Mont. at 234, 896 P.2d at 426, that is not the case here. In fact, Renville's recognition that "life goes on" and that it is a loss she must "learn to deal with" reveals a philosophical strength that would likely be absent in a case of severe emotional distress.
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