Eskin v. Bartee

262 S.W.3d 727 (2008)

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Nature of the Case

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Facts

Brendan attended the Chimneyrock Elementary School. Brendan was at school on November 19, 2002. Eskin (P) was going to be unable to pick up her son at the end of the school day, and she made arrangements with a neighbor, Jan Durban, to pick him up and to bring him home. The school maintains an area for students using private transportation to travel to and from school. he far left lane is used to park vehicles; the middle lane is the through lane; and the right lane adjacent to the curb is used to drop off and pick up the students. A driver had left his minivan unattended in the right lane. When Alice Bartee (D) arrived she pulled behind the unattended minivan. She moved her automobile after a school employee directed her to park in front of the minivan. D lost control of her automobile as she was attempting to park in front of the minivan. She slammed into Durban's vehicle that had stopped at the curb, and then D's automobile jumped the curb and struck Brendan. Durban immediately telephoned P. P assumed that the accident must have been just a 'fender bender' and that her son had not been seriously injured. P gathered up her younger son, Logan, her daughter, and a child who was visiting Logan and drove the very short distance to the school. P parked her automobile. She and the children walked to the pick-up and drop off area. They then saw Brendan lying on the pavement in a pool of blood. Brendan was not being attended to, and he appeared to be lifeless. Brendan sustained permanent brain damage as a result of being struck. P sued Bartee (D), the driver and owner of the unattended minivan, Shelby County, and the Shelby County Board of Education. P and Logan claim 'fright, serious shock, and severe emotional injuries,' 'loss of enjoyment of life,' and 'expenses for medical, psychological, and pharmaceutical services,' both incurred and to be incurred. Ps requested $9,000,000 in compensatory damages on behalf of Brendan, $500,000 in compensatory damages on behalf of Logan, and $1,000,000 for themselves. Ps served a copy of their complaint on USAA, their own insurance carrier, in accordance with Tennessee's uninsured motorist statutes. The judge granted USAA’s motion. Ps appealed. The Court of Appeals reversed; sensory observance of the injury-producing event is not an absolutely essential element of a claim for negligent infliction of emotional distress. USAA appealed.