Daley v. Lacroix Sup. Ct. Of Mich.,

384 Mich. 4 (1970)

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Nature of the Case

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Facts

D was traveling on a road near Ps' farm. D's vehicle left the highway, traveled 63 feet in the air and 209 feet beyond the edge of the road and, in the process, sheared off a utility pole. A number of high voltage lines snapped, striking the electrical lines leading into Ps' house and caused a great electrical explosion resulting in considerable property damage. D's car damaged Daley's (P) property, but there was no physical impact from the crash on either Estelle Daley (P1) or her son Timothy (P2). P's sued and claimed property damage and severe emotional disturbance from D's negligent driving. P1 claimed that she suffered traumatic neurosis, emotional disturbance, and nervous upset and that P2 suffered emotional disturbance and nervousness as a result of the explosion and the attendant circumstances. At the conclusion of Ps' proofs, D moved for a directed a verdict against P2 in that no proper evidence of a personal injury to him had been presented, and against P1 in that she had failed to prove a causal relationship between the accident and her claimed personal injury. The jury returned a judgment for property damages only in the amount of $2,015.20. The Court of Appeals affirmed; the law of Michigan denies recovery for negligently caused emotional disturbance absent a showing of physical impact. P1 and P2 appealed.