Graves v. Estabrook

818 A.2d 1255 (2003)

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Nature of the Case

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Facts

P was engaged to Ennis and had lived with him for seven years. Ennis was riding his motorcycle while P followed immediately behind him in a car. Estabrook's (D) vehicle failed to yield at a stop sign and collided with Ennis. P had a front row seat while Ennis flipped over the hood of D's car and landed on the pavement. P immediately stopped her car and ran to the aid of her fiancé. Blood was coming from his mouth, and there was significant trauma to his head. P followed the ambulance that transported her fiancé to the hospital, stayed by his side while he was being treated, and attempted to comfort his parents and son. Ennis died the next day. P sued D alleging that as a result of witnessing the collision and death of her fiancé, she suffered shock, severe mental pain, and emotional distress. The trial court dismissed the action. P appealed.