Graves v. Estabrook
Supreme Court of New Hampshire
818 A.2d 1255 (2003)
Relevant factsFree
Graves (plaintiff), engaged to and living with Ennis for seven years, watched Estabrook (defendant) run a stop sign and collide with Ennis's motorcycle, then rushed to find him bleeding and severely injured; he died the next day. Graves sued for negligent infliction of emotional distress from witnessing the accident and its aftermath, but the trial court dismissed her claim, apparently reasoning she wasn't closely enough related to Ennis to qualify.
IssueFree
Whether a woman engaged to be married to, and cohabiting for seven years with, a man may state a claim for negligent infliction of emotional distress based on witnessing an accident that resulted in his death.