James v. Lieb
Nebraska Supreme Court
375 N.W.2d 109 (1985)
Gregory James watched a garbage truck owned by Watts Trucking (defendant) and driven by its employee Lieb (defendant) run a stop sign and fatally strike his sister Demetria as the two children rode bikes, causing Gregory serious emotional distress. His parents sued on his behalf; the defendants argued Gregory could not recover because he was not himself in the truck's "zone of danger" or in fear for his own safety, and the trial court agreed and dismissed the complaint.
Whether a bystander plaintiff has a cause of action for negligently inflicted, foreseeable emotional distress upon showing a marital or intimate familial relationship with a victim who was seriously injured or killed by the defendant's negligence.