Eskin v. Bartee

Alice Bartee (defendant) struck Brendan Eskin with her car in an elementary school car line; a neighbor called Brendan's mother Karen, who rushed with her younger son Logan (plaintiffs) to the school and found Brendan lying motionless in a pool of blood with no one attending him. The Eskins sued Bartee and served their uninsured motorist carrier; the trial court granted the insurer summary judgment on the emotional distress claims because the Eskins weren't present when the accident actually occurred, and the appellate court reversed.