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Tuesday, March 13, 2007

Ind. Decisions - More on today's Supreme Court ruling re negligent infliction of emotional distress

Here is the direct video link to the 9/6/06 oral argument before the Supreme Court in Amy Smith v. James Toney , decided today by the Court -- see ILB entry from earlier today. This summary accompanies the oral argument video:

Pursuant to Indiana Appellate Rule 64, the United States District Court for the Southern District of Indiana certified the following questions of Indiana state law for the Indiana Supreme Court’s consideration, which the Indiana Supreme Court accepted on February 22, 2006:

1. Under the test elaborated in Groves v. Taylor [729 N.E.2d 569 (Ind. 2000)] for bringing a bystander claim of negligent infliction of emotional distress, are the temporal and relationship determinations regarding whether a plaintiff “actually witnessed or came on the scene soon after the death of a loved one with a relationship to the plaintiff analogous to a spouse, parent, child, grandparent, grandchild, or sibling” issues of law or fact, or are they mixed questions of law and fact?

2. If an issue of law, is a fiancée an “analogous” relationship as used in Groves and is “soon after the death of a loved one” a matter of time alone or also of circumstances?

Posted by Marcia Oddi on March 13, 2007 07:07 PM
Posted to Ind. Sup.Ct. Decisions