This section contains the nature of the case and procedural background.

D is Karen's mother. Karen, Gene, and Riggs traveled to D's residence to help her 'with some yard 'work. When they arrived, D's adult son, Perry, approached the vehicle and displayed a .25-caliber pistol. When Gene got out of the vehicle, Perry shot him in the arm. Karen exited the vehicle, and Perry continued to fire the gun. Karen removed Riggs from the vehicle and left the scene. Neither Karen nor Riggs was physically injured. Perry was charged with one count of battery, one count of aggravated assault on a family or household member, one count of terroristic threatening, and one count of endangering the 'welfare of a minor, but he was acquitted because of mental disease or defect. Ps filed a complaint alleging claims for negligence, based upon the grounds of premises liability and negligent entrustment. Karen and Riggs alleged claims for negligent infliction of emotional distress. D moved for summary judgment on the claims of Karen and Riggs, contending that Arkansas does not recognize the tort of negligent infliction of emotional distress and that Karen and Riggs admitted that they had suffered no physical injury. Karen and Riggs asked the court to recognize the tort. It refused and granted D summary judgment.

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