Hamilton v. Nestor

Nebraska Supreme Court · Torts

TortsNegligent infliction of emotional distressEmotional distress damagesZone of dangernegligencenegligent infliction of emotional distressNIEDdirect victim

Facts

Hamilton was involved in a motor vehicle collision allegedly caused by DiAnn Nestor’s negligence. Nestor and her passenger daughter died, and Hamilton alleged that as a proximate result of the accident he suffered mental and psychological injuries, including posttraumatic stress disorder, but no bodily injury other than banging his knees on the dashboard. His evidence showed nightmares, flashbacks, fear of another accident, guilt, and one blackout while driving, and a psychiatrist testified that Hamilton suffered posttraumatic stress disorder caused by the accident. The psychiatrist characterized the condition as clinically significant but placed it between mild and moderate severity.

Issue

Whether a motorist directly involved in a collision may recover for purely emotional injury caused by another driver’s negligence despite the absence of physical injury, and if so, whether Hamilton’s posttraumatic stress disorder was sufficiently severe to be actionable.

Rule

In Nebraska, a claim seeking damages for purely emotional harm caused by another’s negligence is treated as negligent infliction of emotional distress. For a direct victim, the zone-of-danger rule still applies, not the bystander familial-relationship requirement. Physical injury is not required, but the plaintiff’s emotional harm must be medically diagnosable, medically significant, and so severe that no reasonable person could have been expected to endure it.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Lincoln, Nebraska, Tara Velez was driving through an intersection when Owen Pike negligently ran a red light and barely avoided hitting her car. Tara was not physically injured, but she later sued alleging only panic attacks, recurring nightmares, and emotional trauma caused by the incident.

How should a Nebraska court most likely characterize Tara’s claim?

Explanation. When the plaintiff alleges only mental or emotional harm caused by another’s negligence, and not mental suffering parasitic to a physical injury, the action is treated as one for negligent infliction of emotional distress. The majority rejected the idea that such a case remains merely an automobile-negligence action with emotional damages attached. (Derived from Hamilton v. Nestor (n.d.).)