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Baldonado v. El Paso Natural Gas Co., 143 N.M. 297, 176 P.3d 286, 2008-NMCA-010

Facts

On August 19, 2000, a high-pressure natural gas pipeline owned by El Paso Natural Gas Company ruptured near Carlsbad, New Mexico, resulting in a fireball that killed or severely burned twelve family members camping nearby. Firefighters, who responded to the explosion, did not suffer physical injuries but claimed to have experienced severe emotional distress from witnessing the aftermath of the incident. They filed a lawsuit against the gas company, asserting claims for negligent and intentional infliction of emotional distress.

In the early morning hours of August 19, 2000, a fifty-year-old, thirty-inch-diameter, high-pressure natural gas pipeline owned and operated by Defendant–Appellee, El Paso Natural Gas Company, ruptured near the Pecos River south of Carlsbad, New Mexico. At the time of the rupture, twelve members of an extended family were camped in the vicinity of the pipeline. The escaping natural gas ignited, creating an enormous fireball that engulfed the campsite. All twelve family members, including young children, either were killed outright or died later from severe burns.

Issue

Did the firefighters adequately state claims for negligent infliction of emotional distress and intentional infliction of emotional distress against El Paso Natural Gas Company?

Did the firefighters adequately state claims for negligent infliction of emotional distress and intentional infliction of emotional distress against El Paso Natural Gas Company?

Rule

The tort of negligent infliction of emotional distress requires a close familial relationship with the victim, while the tort of intentional infliction of emotional distress does not require the defendant's conduct to be directed at the plaintiff.

The tort of negligent infliction of emotional distress requires a close familial relationship with the victim, while the tort of intentional infliction of emotional distress does not require the defendant's conduct to be directed at the plaintiff.

Analysis

The court found that the firefighters failed to meet the requirements for negligent infliction of emotional distress because they did not have a close familial relationship with the victims. However, for the intentional infliction claim, the court determined that the firefighters had sufficiently alleged that the defendant's conduct was extreme and outrageous, and that the emotional distress suffered was severe, thus allowing the claim to proceed.

The court found that the firefighters failed to meet the requirements for negligent infliction of emotional distress because they did not have a close familial relationship with the victims. However, for the intentional infliction claim, the court determined that the firefighters had sufficiently alleged that the defendant's conduct was extreme and outrageous, and that the emotional distress suffered was severe, thus allowing the claim to proceed.

Conclusion

The Court of Appeals affirmed the dismissal of the negligent infliction of emotional distress claim but reversed the dismissal of the intentional infliction of emotional distress claim, allowing it to proceed.

The Court of Appeals affirmed the dismissal of the negligent infliction of emotional distress claim but reversed the dismissal of the intentional infliction of emotional distress claim, allowing it to proceed.

Who won?

The firefighters prevailed in part, as the court allowed their claim for intentional infliction of emotional distress to proceed based on the adequacy of their allegations regarding outrageous conduct.

The firefighters prevailed in part, as the court allowed their claim for intentional infliction of emotional distress to proceed based on the adequacy of their allegations regarding outrageous conduct.

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