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Groves v. Taylor6/7/2000
Court of Appeals No. 14A01-9808-CV-284
ON PETITION TO TRANSFER
While standing in her driveway, plaintiff MaryBeth Groves heard the loud "pop" of a vehicle fatally striking her brother and turned to observe his body as it rolled off the highway. She appeals lower court determinations disallowing her pursuit of mental trauma damages under the modified impact rule. Finding sufficient direct involvement, we hold that the plaintiff may present her mental trauma claim to a jury.
Background
A summary of the facts most favorable to the judgment show that on August 29, 1994, eight-year-old MaryBeth and her six-year-old brother, Terry, walked down the driveway of their home, which was located on State Road 58. MaryBeth watched as her brother crossed the highway towards the mailbox. As Terry reached to check the mail, MaryBeth turned and began walking back toward the house. Suddenly, MaryBeth heard a "big pop." She turned to see what had happened and saw her brother's body as it rolled off of the highway. A police vehicle had just struck Terry. The driver immediately turned around and went back to the accident scene. MaryBeth was frightened as the police vehicle sped toward her and she turned and ran to get her mother.
Terry L. Groves and Elizabeth Groves, as parents of Terry L. Groves, II, deceased, and MaryBeth, by her next friend Terry L. Groves, filed a personal injury /wrongful death action against the State. Mr. and Mrs. Groves alleged that Trooper Taylor negligently caused the death of their son. MaryBeth alleged that she suffered emotional distress as a result of witnessing the negligent accident that caused her brother's death. The State filed a motion for partial summary judgment seeking judgment as a matter of law on MaryBeth's claim for negligent infliction of emotional distress. In its motion, the State alleged that because the undisputed facts showed that MaryBeth did not suffer "any direct physical impact as a result of the accident involving her brother," partial summary judgment was appropriate under the rule established in Shuamber v. Henderson, 579 N.E.2d 452 (Ind. 1991). Following a hearing, the trial court entered partial summary judgment in favor of the State.
The Court of Appeals affirmed. Groves v. Taylor, 711 N.E.2d 861 (Ind. Ct. App. 1999). Judge Kirsch wrote separately to "note that traumatic events can have severe, debilitating and foreseeable emotional effect even if not accompanied by physical injury, a direct impact or a direct involvement." Id. at 864 (Kirsch, J., concurring).
Discussion
I.
In Shuamber v. Henderson, 579 N.E.2d 452 (Ind. 1991), we set forth the rule for when a person who witnesses a physical injury negligently inflicted on another is entitled to recover for emotional distress. There we said:
When . . . a plaintiff sustains a direct impact by the negligence of another and, by virtue of that direct involvement sustains emotional trauma which is serious in nature and of a kind and extent normally expected to occur in a reasonable person, we hold that such a plaintiff is entitled to maintain an action to recover for that emotional trauma without regard to whether the emotional trauma arises out of or accompanies any physical injury to the plaintiff. Id. at 456.
In Conder v. Wood, 716 N.E.2d 432 (Ind. 1999), we applied the Shuamber rule for the first time. In that case, a truck had hit and knocked down plaintiff Wood's companion. Wood pounded on the side of the truck in a frantic attempt to get the driver to stop before the truck crushed her companion. In finding that Wood sustained the requisite "direct impact" under Shuamber to main
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