Ruling of Two State Supreme Courts : Witness to Relative’s Death May Win Damages

The Nebraska Supreme Court on Friday became the second court in two days to rule that witnesses to the death or serious injury of a close relative can collect damages for mental anguish.

The South Carolina Supreme Court on Thursday cleared the way for a U.S. District Court jury to decide damages sought by a South Carolina woman who saw her daughter hurt when a load of roof trusses fell off a truck onto their automobile.

In an unrelated case Friday, the Nebraska court ruled 4 to 3 that Gregory Duwayne James of Omaha can be compensated for his anguish from watching his sister, Demetria, die when she was struck by a garbage truck in August, 1983.

Majority Opinion

Even if they are not injured themselves, bystanders can recover for “emotional distress upon a showing of marital or intimate familial relationship with a victim who was seriously injured or killed as a result of the proven negligence of a defendant,” Judge C. Thomas White wrote in the majority opinion.

In a dissenting opinion, Judge D. Nick Caporale warned that the ruling would saddle people with greater insurance costs and could lead to a flood of lawsuits.

Chief U.S. District Judge Charles E. Simons Jr. had asked the South Carolina court for its opinion because state law was unclear on the question. Betty Hoover Kinard, whose daughter was comatose for three months, had filed suit in federal court against a Georgia company.

Court’s Guidelines

The South Carolina court issued these guidelines for recovery of this type of damages:

--There must be a death or a serious injury.

--The bystander must be nearby when the accident occurs and see or hear it.

--The witness must be closely related to the victim.

--The witness must back up claims to emotional distress with proof of physical symptoms.