The Oregon Supreme Court just handed down a great decision in Stacie Philibert v. Dennis Dixon Kluser, (CC 13CV01410) (CA A156192) (SC S063738). The Supreme Court held that a plaintiff did not need to suffer a physical injury in order to bring a claim for negligent infliction of emotional distress. The plaintiffs were 2 brothers who were crossing the street with their 7 year old brother. They witnessed their 7 year old brother get struck and killed by a negligent driver. The previous law in Oregon required a person to have suffered a physical injury in order to bring such a claim. This decision recognizes the realities of the type of emotional injuries that can be suffered in situations where a traumatic event is witnessed. This is great news for the people who may have suffered this type of loss but could not previously bring a claim.
