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