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Gates v. Richardson, 719 P.2d 193

Facts

The case arose from an accident on September 2, 1982, when Kelly Richardson's vehicle struck six-year-old Johnny Gates, who suffered massive brain injuries. Johnny's family members, including his mother, sister, and brother, sought damages for the emotional distress they experienced upon witnessing Johnny's severe injuries. Johnny's father claimed damages for loss of companionship, while his stepfather sought damages for loss of consortium due to his wife's emotional injuries. The district court dismissed all claims except for Johnny's personal injury claim, leading to the appeal.

This case arose from an accident when an automobile being driven by Kelly Richardson collided with a bicycle being ridden by six-year-old Johnny Gates.

Issue

Whether the tort of negligent infliction of emotional distress and the claims for loss of consortium and companionship are actionable in Wyoming.

We must decide whether the tort of negligent infliction of emotional distress and whether the claims for loss of consortium and companionship are actionable in Wyoming.

Rule

The court recognized that the tort of negligent infliction of emotional distress is actionable in Wyoming under certain limitations, allowing recovery for emotional harm caused by witnessing serious injury or death of a family member.

Compensation for emotional distress is not a new concept in Wyoming.

Analysis

The court applied the rule by determining that the plaintiffs, who either witnessed the accident or observed its immediate aftermath, were within the permissible class of plaintiffs allowed to recover for emotional distress. The court found that the emotional harm suffered by Johnny's mother, sister, and brother was directly linked to the traumatic event they experienced, thus satisfying the requirements for recovery.

The district court held that the negligent infliction of mental distress did not state a claim in Wyoming because it would result in fraudulent claims and 'extortionary litigation.'

Conclusion

The court reversed the district court's dismissal of the claims for emotional injury by Johnny's family members and the claim for loss of consortium by John Merryman, while affirming the dismissal of claims for loss of companionship by Johnny's parents.

We hold, therefore, that the class of plaintiffs who may bring an action for negligent infliction of emotional distress consists of those who are permitted to bring wrongful death actions.

Who won?

The prevailing party includes Johnny Gates' family members who sought emotional distress damages, as the court ruled in their favor by allowing their claims to proceed.

We hold, therefore, that the class of plaintiffs who may bring an action for negligent infliction of emotional distress consists of those who are permitted to bring wrongful death actions.

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