Summary
The Montana Supreme Court affirmed summary judgment for the estate in a mother's claims for negligent infliction of emotional distress and loss of consortium arising from the death of her adult son in an automobile accident. The Court held that the evidence did not establish emotional distress sufficiently severe to support an independent NIED claim. It also held that a loss-of-consortium damages claim arising from a wrongful death must be brought within the statutory wrongful-death action by the decedent's personal representative.
Topics
Practice areas
Questions Presented
- Whether Renville presented evidence of emotional distress sufficiently severe to support an independent negligent-infliction-of-emotional-distress claim.
- Whether the District Court properly resolved the severity of Renville's alleged emotional distress on summary judgment.
- Whether Renville could maintain a separate loss-of-consortium action for the death of her adult son when Montana's wrongful-death statute permits the personal representative to bring the action.
Holdings
- Renville's evidence did not establish emotional distress so severe that no reasonable person could be expected to endure it; therefore, her negligent-infliction-of-emotional-distress claim failed as a matter of law.
- The court, rather than the jury, determines whether the evidence could support a finding of severe emotional distress; because the evidence here could not support that finding, summary judgment was proper.
- Renville's loss-of-consortium claim failed as a matter of law because a wrongful-death action arising from an adult's death may be brought only by the decedent's personal representative, and loss of consortium and loss of comfort and society are damages recoverable within that wrongful-death action.
Key quotations
“The law intervenes only where the distress inflicted is so severe that no reasonable [person] could be expected to endure it.” (¶ 11)
“It is for the court to determine whether on the evidence severe [serious] emotional distress can be found; it is for the jury to determine whether, on the evidence, it has in fact existed.” (¶ 16)
“A cause of action for wrongful death is a legislative creation. The legislature defines who may bring such actions, when they may be brought, and what damages may be sought.” (¶ 25)
Factual background
Gary Sorenson, Renville's forty-four-year-old adult son, died in an automobile accident while riding as a passenger in a car driven by Sherlee York Fredrickson, who also died. Renville learned of her son's death when a sheriff notified her at home; she experienced screaming, shaking, increased use of Valium, brief use of antidepressants, crying spells, and continuing grief. She did not witness the accident or its immediate aftermath, did not seek counseling, maintained family and social relationships, and described her need to learn to deal with the loss. Sorenson's personal representative separately prosecuted and settled a wrongful-death action against Fredrickson's Estate.
Procedural history
Janice Renville sued the Estate of Sherlee York Fredrickson after Renville's adult son died in an automobile accident involving a vehicle driven by Fredrickson. The District Court granted the Estate summary judgment, concluding that Renville's emotional distress was not sufficiently severe and that Montana did not recognize her loss-of-consortium claim. The Montana Supreme Court withdrew its earlier opinion, issued this superseding opinion after rehearing, and affirmed on different reasoning as to the loss-of-consortium claim.