James v. Lieb

375 N.W.2d 109 (1985)

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Nature of the Case

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Facts

Trucking Service, Inc. (D), and driven by its employee, Lieb (Ds), was backing west on Spaulding Street. The truck backed into the intersection of 50th and Spaulding Streets, through a stop sign, and hit and ran over Demetria, killing her. Gregory helplessly watched the entire incident. As a result of witnessing his sister's peril, Gregory became physically ill and suffered, and will continue to suffer, mental anguish and emotional distress. P, the parents, sued Ds. Ds demurred, contending that P's petition failed to allege that Gregory was within the 'zone of danger' or in fear for his own safety, no cause of action for emotional distress had been asserted under Nebraska law. The trial court dismissed the petition. P appealed.