Negligent infliction of emotional distress

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Reference no: EM133812860

Question

Use IRAC format to analogize or distinguish the following facts in the following two scenarios and decide if the factual differences change the outcome of whether the plaintiff would succeed in a claim for negligent infliction of emotional distress. Explain why.

1. JoAnne Marie Sinn, the appellant, witnessed a tragic accident where her minor daughter, Lisa Sinn, was struck and killed by an automobile operated by Brad Lee Burd. The accident occurred near the Sinn family's mailbox along the Greenock-Buena Vista Road, with Lisa and her sister Deborah standing by. While Deborah narrowly escaped impact, Lisa was hit and fatally injured. JoAnne Sinn, observing from near her home's front door, experienced immediate and profound emotional distress upon witnessing her daughter's death. Consequently, she filed a complaint seeking damages for the emotional and physical consequences of this distress, despite not being in a zone of physical danger herself nor having reason to fear for her own safety.

2. The plaintiff, the mother of a child killed by a car, received a telephone call telling her that her daughter had been killed in an accident. She was four blocks away and arrived at the scene a few moments later.

Reference no: EM133812860

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