GRAVES V. ESTABROOK
818 A.2d 1255 (2003)
NATURE OF THE CASE: Graves (P) appealed a dismissal of her complaint for negligent
infliction of emotional distress.
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 fianc. Blood was coming from his mouth and there was significant
trauma to his head. P followed the ambulance that transported her fianc 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 fianc, she suffered shock, severe mental pain and emotional distress. The
trial court dismissed the action. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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