Summary
The Ohio Supreme Court holds that a plaintiff-bystander may state a claim for negligent infliction of serious emotional distress without proving a resulting physical injury. The court adopts a flexible reasonable-foreseeability approach, considering proximity to the accident, contemporaneous sensory observation, and the relationship between the plaintiff and victim. It reverses summary judgments for the defendants and remands the case for further proceedings.
Questions Presented
- Whether Ohio recognizes an independent cause of action for negligent infliction of serious emotional distress without a contemporaneous impact or resulting physical injury.
- What standards govern seriousness and reasonable foreseeability for a bystander claiming negligent infliction of serious emotional distress.
- Whether the plaintiffs' allegations were sufficient to withstand summary judgment.
- Whether the loss-of-consortium claim should be considered together with the other claims and allegations.
Holdings
- Ohio recognizes a cause of action for negligent infliction of serious emotional distress without requiring a contemporaneous physical impact or a resulting physical injury.
- A bystander must establish emotional distress that is serious, meaning severe and debilitating rather than a trifling disturbance, ordinary upset, or hurt feelings.
Factual background
The plaintiffs alleged that defendants' negligent conduct caused an accident or peril that a plaintiff-bystander contemporaneously perceived and that resulted in serious emotional distress. The opinion states that the alleged emotional distress was serious and potentially foreseeable even without a resulting physical injury and even if the person whose peril was feared did not suffer actual physical harm. The plaintiffs also asserted a loss-of-consortium claim.
Procedural history
The court of common pleas granted summary judgment to the defendants. The court of appeals affirmed. The Supreme Court of Ohio reversed and remanded, holding that plaintiffs stated a claim for negligent infliction of serious emotional distress under Ohio law.