EZKM Wins Summary Judgment On Negligent Infliction of Emotional Distress Claim

EZKM recently obtained summary judgment dismissal of a claim of negligent infliction of emotional distress in a hybrid property damage and personal injury case. The defendant accidentally pressed the accelerator instead of the brake and drove her vehicle into her neighbor’s home. Plaintiff was upstairs on a work conference call at the time and alleged the commotion caused physical manifestations of severe emotional distress because she was “in the zone of danger” when the accident occurred.

A plaintiff alleging negligent infliction of emotional distress must prove that she “(1) was within the zone of danger of physical impact [created by the defendant’s negligence]; (2) reasonably feared for her own safety; and (3) suffered severe emotional distress with attendant physical manifestations.” K.A.C. v. Benson, 527 N.W.2d 553, 557 (Minn. 1995).

In Wolfe v. Wade, Hennepin County District Judge Ed Wahl ruled plaintiff did not meet the required elements of negligent infliction of emotional distress and dismissed the claim. The court ruled the plaintiff was not in the zone of physical impact because she was upstairs where no damage to the home occurred. Further, the plaintiff did not reasonably fear for her own safety because she did not know what had occurred until after the fact, when she spoke to a neighbor who witnessed the accident. The court held a genuine issue of material fact existed as to whether plaintiff suffered emotional distress with physical manifestations, but the claim failed as a matter of law because the first and second elements were not met. Bob Kuderer of our office represented the defendant.

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