Catron v. Lewis
Supreme Court of Nebraska
820 N.W.2d 315 (Neb. 2012)
Catron (plaintiff) was driving a boat towing two girls on tubes when a jet ski driven by Panek, approaching directly toward the boat from 75 yards away, turned away at the last moment but instead struck and killed one of the girls, Rader; Catron pulled Rader from the water himself and later developed PTSD and depression. Catron sued Panek and jet ski owner Lewis (defendants) for negligent infliction of emotional distress, but acknowledged he was only afraid while the jet ski was headed directly at his boat, not after it turned away; the district court granted the defendants summary judgment, and Catron appealed.
Whether a plaintiff who was never placed at an unreasonable risk of immediate bodily harm from a defendant's negligence, but who witnessed the resulting injury to another, may recover for negligent infliction of emotional distress under the zone-of-danger test.