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Jaynes v. Strong-Thorne Mortuary, Inc.

New Mexico Supreme Court

954 P.2d 45 (1997)

Relevant factsFree

Strong-Thorne Mortuary (defendant) was hired to bury Kiro Jaynes and, while preparing his grave, disturbed the nearby grave of Vondaine Jaynes. Vondaine's surviving children (plaintiffs) sued Strong-Thorne for negligent infliction of emotional distress after learning of the disturbance and seeing pieces of their mother's casket on a truck, though they had not witnessed the disturbance itself. The trial court granted Strong-Thorne summary judgment, and the plaintiffs appealed.

IssueFree

Whether a plaintiff must show a contemporaneous sensory perception of the defendant's conduct to recover for negligent infliction of emotional distress.

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