Camper v. Minor

915 S.W.2d 437 (Tenn. 1996)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P was driving his cement truck when Jennifer L. Taylor, a 16-year-old, driver of a car owned by Sharon Barnett, suddenly pulled out in front of P. The vehicles collided, and Ms. Taylor was killed instantly. P exited his truck moments after the crash, walked around the front of his vehicle, and viewed Ms. Taylor's body in the wreckage from close range. P sued D, the administrator of Ms. Taylor's estate, and Sharon Barnett, seeking to recover for the emotional injuries he allegedly received as a result of viewing Ms. Taylor's body soon after the accident. P alleged he suffered from a post-traumatic disorder resulting in loss of sleep, inability to function on a normal basis, outbursts of crying and depression. P went to the psychiatrist's office twice, but he stated that he quit going because he could not afford it and because the medication the psychiatrist prescribed left him unable to function. A second psychiatrist (who the attorney sent P to right before the depositions) referred P to an apparently more affordable center for counseling; at the time of the deposition. Ds filed a motion for summary judgment, arguing that damages for emotional injuries were not recoverable because P did not suffer any physical injury and because he did not, at the time of the accident, fear for his own safety. P offered no expert opinion that he was even suffering at all. The trial court denied Ds' motion. The Court of Appeals reversed the judgment of the trial court. P appealed.