Catron v. Lewis

712 N.W.2d 245 (2006)

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Nature of the Case

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Facts

P was operating a motorboat on Center Lake pulling two tubes ridden by two of his daughter's friends, Samantha Rader, and Aimee Stuart. Panek (D), a 14-year-old, accidentally struck and killed Rader with a jet ski he was operating. The jet ski was owned by Lewis (D), and the recreation area is operated by the State. P sought damages for emotional distress from his witnessing the accident and his unsuccessful attempt to rescue Rader. P testified that he saw Panek's jet ski hit the tube Rader was on and then saw Rader lying face down in the water 'in a pool of blood.' Catron jumped in, swam over to her, and floated her back to the boat. Rader was nonresponsive. With assistance, P was able to get Rader to shore. The district court granted summary judgment in favor of the Ds, and P appealed.