Emotional distress from seeing victims in other vehicle

by Walter Olson on August 22, 2008

Ronald Miller (Maryland Injury Lawyer Blog) on a case called Jarrett v. Jones: “The Missouri Supreme Court found [July 29] that a truck driver who was in a truck accident with another driver can sue for the emotional damages he suffered when he saw the dead victim in the other car. I’m not sure the decision is legally wrong. But it would not fly in the court of Moral Justice court.” (Aug. 8).

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{ 3 comments… read them below or add one }

1 Todd Rogers 08.22.08 at 12:33 pm

This guy obviously believes in (or has his lawyer argue for) divine concepts. I wonder if karma is one of those things.

2 Ron Miller 08.22.08 at 4:51 pm

Absolutely. I’m amazed that these two things happened together: (1) someone wanted to bring the case, and (2) a lawyer was willing to file it and ride out an appeal with him. In the final analysis, this guy’s claim is indecent. But I’m not sure how to craft the law: “If someone gets into an accident with you and his little girl dies, you can’t sue him for YOUR emotional damages from seeing her death.” Actually, reading it back, I like that law. But it is not very practical.

3 ilya 08.22.08 at 7:05 pm

Wow. just wow.

Do US laws have ANY notion of “common sense”? I mean, whatever the other legal, precedent, etc considerations are, just dismiss the case as making no sense whatsoever?

And the cost of this “decision” is probably in 10Ks already.

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