Philibert v. Kluser
Final Court ruling
Court of Appeals is reversed -Further proceeding granted to plaintiffs
Rules of Law
-Bystander clause -Impact rule: plaintiffs can seek damages for negligently caused emotional distress if the physical injury happened to the plaintiff themself.
Issues of Law
Does a bystander have the ability to claim emotional distress and damages when witness injury to another, caused by negligent behavior?
Plaintiff
Stacy Phibert, for the three kids
Plaintiff's contentions
causing emotion distress in the surviving boys as a result of defendant's negligent behavior
Cause of Action
-Negligence -Recovery for Emotional Distress
Lower Courts Decision
-Trial Court dismissed plaintiffs motion -Affirmed by Oregon Court of Appeals -Plaintiffs petitioned the supreme court of Oregon
Application of rules
-Zone of Danger test: where recovery is possible if the plaintiff experiences emotion distress if witnessing a fatal injury to the third person -Restatement Rule states that emotional harm is caused if the plaintiff witness it at the event, or is a close member of the prison injured
Material Facts
1. Three kids, aged 12, 8, and 7, had the right of way at a crosswalk intersection when , Dennis Kluser drove through the crosswalk and ran over the 7 year old, killing him immediately 2. The other two boy were narrowly missed and witness their brother's death, and so they suffered from post-trauma after the accident.
Defendant
Dennis Kluser
Defendant's contentions
plaintiffs could not recover because no direct injury was inflicted upon the other boys