Mary was walking home after school on a beautiful sunny afternoon. Mary's mother, Ethel, was waiting on
Question:
Mary was walking home after school on a beautiful sunny afternoon. Mary's mother, Ethel, was waiting on the front porch for her daughter to return from school. Bob, who is Ethel's brother and Mary's Uncle, was inside the house but talking with Ethel through a screen on the front porch. Playing in the front yard was Jane, Mary's step-sister.
Both Jane and Ethel could see Mary skipping her way down the sidewalk toward their house. Ethel then said to Bob, "Here comes Mary, skipping down the sidewalk". At that moment, a car that was driving down the street by Dave screeched loudly, turned sharply, and then hit and ran over Mary, there is no disputing Dave was negligent.
Ethel very clearly saw the whole incident from the front porch and was horrified, she yelled out "the car hit her bob". Jane, after seeing the car hit Mary, fainted.While Bob did not see the car strike Mary, he knew where she was down the street, he heard the screech of the car, he heard Ethel yell, and then he ran outside where he saw the aftermath of the accident.
Ethel has suffered emotional trauma as a direct result of seeing Mary struck by the car, she can't eat, sleep, vomits several times a week and is afraid to let Jane out of her site. Jane weeps often, calling for Mary to come home, and does not like to skip any more. Bob has also suffered emotional trauma, his hand tremble, and the sound of a car passing makes him jump.
Discuss: identify the issues raised and the applicable rule of law from the cases that we have studied in this course. Use IRAC!
1. Will Ethel have a claim under NIED and what issues might be raised by her claim?
2. Will Bob have a claim under NIED and what issues might be raised by his claim?
3. Will Jane have a claim under NIED and what issues might be raised by her claim?
South-Western Federal Taxation 2020 Comprehensive
ISBN: 9780357109144
43rd Edition
Authors: David M. Maloney, William A. Raabe, James C. Young, Annette Nellen, William H. Hoffman